e-Journal Summary

e-Journal Number : 74421
Opinion Date : 12/11/2020
e-Journal Date : 12/17/2020
Court : Michigan Supreme Court
Case Name : Detroit Alliance Against the Rain Tax v. City of Detroit
Practice Area(s) : Municipal, Tax
Judge(s) : McCormack, Viviano, Markman, Zahra, Bernstein, Clement, and Cavanagh
Full Text Opinion
Issues:

Whether a drainage charge assessed by a city against property owners is a “tax” or a “user fee”; Binns v City of Detroit

Summary

In an order in lieu of granting leave to appeal, the court vacated the Court of Appeals judgment (see e-Journal # 69011 in the 11/14/18 edition, in which this case was consolidated with Binns) and remanded it to the Court of Appeals with instructions to hold the case in abeyance pending its decision in Binns (which the court remanded in a separate order). After Binns is decided, the Court of Appeals is to reconsider this case in light of Binns.

Full Text Opinion