Order Michigan Supreme Court
Lansing, Michigan
April 13, 2007 Clifford W. Taylor,
Chief Justice
132292-3 Michael F. Cavanagh
Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
SUPER MART INC., d/b/a MOONEY OIL Robert P. Young, Jr.
COMPANY, BY LO OIL COMPANY, and Stephen J. Markman,
Justices
KH MATTIS, INC.,
Plaintiffs-Appellants,
v SC: 132292-3
COA: 265758-265759
Ingham CC: 04-000960-AW
Ct of Claims: 04-000099-MZ
DEPARTMENT OF TREASURY and STATE
OF MICHIGAN TREASURER,
Defendants-Appellees.
_________________________________________/
On order of the Court, the application for leave to appeal the July 25, 2006
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., dissents and states as follows:
The Court of Appeals erred, in my judgment, in holding that plaintiffs lacked
standing to challenge the regulatory fee at issue in this case. Plaintiffs are wholesale and
retail sellers of petroleum products. Although MCL 324.21508(1) states that the fee is
“imposed on all refined petroleum products sold for resale in this state,” MCL
324.21508(2) states that the regulatory fee is “precollect[ed]” from refiners and importers
of petroleum. By holding that plaintiffs lacked standing to contest this statute, the Court
of Appeals treated the term “precollect” as the equivalent of “collect,” thereby rendering
the prefix “pre” surplusage. However, the term “precollect” indicates that plaintiffs had a
legitimate right to challenge the regulatory fee imposed on refiners and importers. I
would remand this case to the Court of Appeals for consideration of plaintiff's
constitutional arguments.
CORRIGAN, J., joins the statement of MARKMAN, J.
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.
April 13, 2007 _________________________________________
s0410 Clerk