Order Michigan Supreme Court
Lansing, Michigan
September 30, 2016 Robert P. Young, Jr.,
Chief Justice
153191 & (48) Stephen J. Markman
Brian K. Zahra
Bridget M. McCormack
David F. Viviano
Richard H. Bernstein
JEFFREY TRANTHAM and ALL OTHERS Joan L. Larsen,
SIMILARLY SITUATED, Justices
Plaintiff-Appellee/
Cross-Appellant,
v SC: 153191
COA: 322289
Ct of Claims: 13-000162-MM
STATE DISBURSEMENT UNIT, DEPARTMENT
OF HEALTH AND HUMAN SERVICES, and
OFFICE OF CHILD SUPPORT,
Defendants-Appellants/
Cross-Appellees.
_________________________________________/
On order of the Court, the application for leave to appeal the November 10, 2015
judgment of the Court of Appeals and the application for leave to appeal as cross-
appellant are considered. Pursuant to MCR 7.305(H)(1), in lieu of granting leave to
appeal, we VACATE that part of the Court of Appeals opinion holding that the $0.25
assessment earmarked for the Attorney General’s operations fund is a tax, because the
issue was not raised by the parties and was not necessary to its decision on the taking
question. We further VACATE the Court of Appeals ruling remanding this case to the
Court of Claims to develop a record on the constitutionality of the $0.25 assessment, as
the issues identified by the panel were not raised by either party and not necessary to the
court’s conclusion. In all other respects, leave to appeal is DENIED, because we are not
persuaded that the remaining questions presented should be reviewed by this Court.
I, Larry S. Royster, 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 30, 2016
t0927
Clerk