Supreme Court Grants to Consider Tax Tribunal’s Exclusivity of Jurisdiction Over “Special Assessments” Under the Drain Code

Lacey & Jones, LLP’s Appeals and Legal Research Group Chair, Carson J. Tucker appeared in this case as special appellate co-counsel for Pittsfield Township after the Township lost in the Michigan Court of Appeals.

Mr. Tucker was hired for his appellate expertise to draft and assist with the filing of the application in the Michigan Supreme Court.

The Michigan Supreme Court has granted the Application for Leave to Appeal filed on behalf of Pittsfield Township to consider the issue, inter alia:

Whether a public corporation’s special assessment against an individual parcel of property authorized under the Drain Code, MCL 280.490(1), but implemented through the provisions governing special assessments by the public corporation contained in the Public Improvement Act, MCL 41.721, et seq., is subject to the exclusive jurisdiction of the Michigan Tax Tribunal, pursuant to MCL 205.731, in light of the amendment of 1992 PA 172, excluding the drain code from the definition of “property tax laws.”

Read the Court’s Grant Order here:  Ashley Ann Arbor Grant Order

Lacey & Jones, LLP’s Appeals and Legal Research Group handles appeals in state and federal courts involving all subject-matter areas of the law, including appeals involving issues of complex administrative and regulatory law, as is the instant case.

For questions regarding this case or any other appellate law issue, call Carson J. Tucker at (248) 283-0763.

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