Order Michigan Supreme Court
Lansing, Michigan
June 10, 2010 Marilyn Kelly,
Chief Justice
140637-40 Michael F. Cavanagh
Elizabeth A. Weaver
Maura D. Corrigan
Robert P. Young, Jr.
GMAC, L.L.C., Stephen J. Markman
Plaintiff-Appellant, Diane M. Hathaway,
Justices
v SC: 140637-8
COA: 289261-2
Ct of Claims: 07-000152-MT
DEPARTMENT OF TREASURY, 08-000043-MT
Defendant-Appellee.
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NUVELL CREDIT COMPANY, L.L.C.,
Plaintiff-Appellant,
v SC: 140639-40
COA: 289263, 289266
Ct of Claims: 07-000154-MT
DEPARTMENT OF TREASURY, 08-000044-MT
Defendant-Appellee.
_________________________________________/
On order of the Court, the application for leave to appeal the December 3, 2009
judgment of the Court of Appeals is considered, and it is DENIED, because we are not
persuaded that the questions presented should be reviewed by this Court.
MARKMAN, J. (dissenting).
I would grant leave to appeal to address the following questions: (1) whether the
Due Process Clause of Const 1963, art 1, § 17 says anything different concerning the
constitutionality of retroactive application of state tax laws than does Article V of the
United States Constitution; and (2) whether it is relevant in enacting retroactive tax laws
that the Legislature asserting that such laws are “curative,” and intended to express the
“original intent of the Legislature,” is not the Legislature that enacted the laws in
question but a subsequent Legislature. I would direct that this case be argued and
submitted together with Ford v Dep’t of Treasury, No. 140624.
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.
June 10, 2010 _________________________________________
0603 Clerk