Order Michigan Supreme Court
Lansing, Michigan
May 18, 2011 Robert P. Young, Jr.,
Chief Justice
140679 Michael F. Cavanagh
Marilyn Kelly
Stephen J. Markman
Diane M. Hathaway
LAURENCE G. WOLF, d/b/a Mary Beth Kelly
LAURENCE WOLF PROPERTIES, Brian K. Zahra,
Plaintiff-Appellant, Justices
v SC: 140679
COA: 279853
CITY OF DETROIT,
Defendant-Appellee.
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On order of the Court, leave to appeal having been granted and the briefs and oral
arguments of the parties having been considered by the Court, we VACATE the January
21, 2010 opinion and order of the Court of Appeals. At this time, a material question of
fact exists concerning the direct and indirect costs of the services for which the solid
waste inspection fee is charged. Such a finding is necessary to determine whether the
City of Detroit’s solid waste inspection fee is proportionate to the necessary costs of the
inspection service, and may also impact whether the fee serves a revenue-raising or a
regulatory purpose. See Bolt v City of Lansing, 459 Mich 152, 161-162 (1998).
Accordingly, summary disposition in favor of the defendant was improper. We therefore
REMAND this case to the Court of Appeals. Because substantial fact-finding may be
necessary, the Court of Appeals should consider a further remand to the circuit court for
this purpose. See MCL 600.308a(5).
MARILYN KELLY, J. (concurring in part, dissenting in part).
I concur in the Court’s order vacating the January 21, 2010 opinion and order of
the Court of Appeals. However, I dissent from the Court’s decision to remand this case
to the Court of Appeals. I would instead remand the case to the Wayne Circuit Court for
further findings of fact because trial courts are better equipped to make such findings. I
would also retain jurisdiction over the case so that the Supreme Court can rule on its
merits once the trial court makes its findings of fact.
I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the
foregoing is a true and complete copy of the order entered at the direction of the Court.
May 18, 2011 _________________________________________
t0511 Clerk