Order Michigan Supreme Court
Lansing, Michigan
September 29, 2010 Marilyn Kelly,
Chief Justice
140679 Michael F. Cavanagh
Maura D. Corrigan
Robert P. Young, Jr.
Stephen J. Markman
Diane M. Hathaway
LAURENCE G. WOLF, d/b/a Alton Thomas Davis,
LAURENCE WOLF PROPERTIES, Justices
Plaintiff-Appellant,
v SC: 140679
COA: 279853
CITY OF DETROIT,
Defendant-Appellee.
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On order of the Court, the application for leave to appeal the January 21, 2010
judgment of the Court of Appeals is considered, and it is GRANTED. The parties shall
include among the issues to be briefed whether the Court of Appeals erred when it held
that the challenged solid waste inspection fee is a valid user fee, rather than a tax that
violates the Headlee Amendment, Const 1963, art 9, § 31. Specifically, the parties shall
address: (1) whether the challenged solid waste inspection fee serves a regulatory, rather
than a revenue-raising, purpose; (2) whether the fee is proportionate to the necessary
costs of the inspection service; and (3) whether the fee is voluntary. See Bolt v City of
Lansing, 459 Mich 152 (1998). The parties shall also address whether the Court of
Appeals erred in its assessment of the significance of the defendant’s replacement of a tax
with the solid waste inspection fee, the defendant’s inclusion of the fee on property tax
bills, and the defendant’s authorization of the placement of a lien on an owner’s property
for nonpayment of the fee, see id. at 168-169, and whether the Court of Appeals abused
its discretion when it denied the plaintiff’s motion for sanctions.
The Michigan Municipal League is invited to file a brief amicus curiae. Other
persons or groups interested in the determination of the issues presented in this case may
move the Court for permission to file briefs amicus curiae.
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.
September 29, 2010 _________________________________________
p0922 Clerk