Opinion
Docket No. 146116. COA No. 303143.
2013-04-26
HYDE PARK COOPERATIVE, Village Center Associates Limited Dividend Housing Association, Bowin Place Associates Limited Dividend Housing Association, Cambridge Tower Associates Limited Dividend Housing Association, Fenimore Limited Dividend Housing Association, Millender Center Associates Limited Partnership, Plymouth Square Limited Dividend Housing Association, and Fountain Court Consumer Housing Cooperative, Plaintiffs–Appellants, v. CITY OF DETROIT and Buildings and Safety Engineering Department, Defendants–Appellees.
Prior report: Mich.App., 2012 WL 3020407.
Order
On order of the Court, the application for leave to appeal the July 24, 2012 judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we VACATE footnote 5 of the Court of Appeals judgment because the issue was not properly before the Court of Appeals nor necessary to its decision. Moreover, we note that a claim for “money damages” such as the one rejected by this Court in Lash v. Traverse City, 479 Mich. 180, 191–197, 735 N.W.2d 628 (2007), is not identical to an action for a refund of an allegedly unlawful exaction. See, e.g., Beachlawn Building Corporation v. City of St. Clair Shores, 370 Mich. 128, 121 N.W.2d 427 (1963); Bolt v. City of Lansing, 459 Mich. 152, 587 N.W.2d 264 (1998). 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.