Order Michigan Supreme Court
Lansing, Michigan
December 6, 2006 Clifford W. Taylor,
Chief Justice
131011 Michael F. Cavanagh
Elizabeth A. Weaver
CITY OF SOUTH HAVEN, Marilyn Kelly
Plaintiff-Appellee, Maura D. Corrigan
v SC: 131011 Robert P. Young, Jr.
COA: 264269 Stephen J. Markman,
Justices
Van Buren CC: 04-052643-CZ
VAN BUREN COUNTY BOARD
OF COUNTY COMMISSIONERS and
KAREN MAKAY,
Defendants-Appellants,
and
VAN BUREN COUNTY BOARD OF
COUNTY ROAD COMMISSIONERS,
Defendant-Appellee.
_________________________________________/
On order of the Court, the application for leave to appeal the March 14, 2006
judgment of the Court of Appeals is considered, and it is GRANTED, limited to Issue II
in the application and the following issues: (1) If the City of South Haven did not agree
to an allocation of the revenues derived from the tax levy different from that prescribed
by MCL 224.20b(2)(a) and (b), was the tax levy submitted to the voters for approval in
violation of MCL 224.20b(4), and, if so, what are the consequences of and remedy for
such a violation? (2) Given that the City of South Haven did not contest the allocation of
the proceeds of the revenues derived from the tax levy for a period of 28 years, during
which it was continuously renewed and allocated solely to the Van Buren County Board
of Road Commissioners, in accordance with the ballot proposal so providing, from 1976
through the City of South Haven’s first challenge of the allocation in 2004, was the
conduct of the parties sufficient to evidence that they “otherwise agreed” upon a different
allocation of the revenues derived from the tax levy than that prescribed by the statute
within the meaning of MCL 224.20b(2)?
The State Bar of Michigan Taxation Section, the Michigan Municipal League, the
Michigan Association of Counties, and the Michigan Townships Association are invited
to file briefs 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.
December 6, 2006 _________________________________________
p1129 Clerk
City of South Haven v. Van Buren County Bd of Comm
Combined Opinion