Pittsfield Sch. Dist. v. Washtenaw

15 Citing cases

  1. McNeil v. Charlevoix Co.

    484 Mich. 69 (Mich. 2009)   Cited 44 times
    Noting that preservation requirements can be ignored if the issue presents a purely legal question and no further fact-finding is necessary

    City of Kalamazoo v Titus, 208 Mich. 252, 262; 175 NW 480 (1919), quoting 1 Cooley, Constitutional Limitations (7th ed), pp 163, 264 ff. A county board of commissioners may not exercise a power not vested in it by statute. Pittsfield School Dist No 9 v Washtenaw Co Bd of Sup, 341 Mich. 388, 398; 67 NW2d 165 (1954). A county can exercise only such authority as is expressly or impliedly granted by a superior level of government, and always subject to such restrictions as are annexed to the grant.

  2. Ann Arbor Township v. State Tax Commission

    393 Mich. 682 (Mich. 1975)   Cited 10 times

    Our decision of In re Appeal of General Motors Corp, 376 Mich. 373; 137 N.W.2d 161 (1965) said it is "the purpose of these procedures to adjust or correct all of the different modes of assessment to achieve uniformity among governmental units within a county and uniformity among all of the counties of the State. School District No. 9, Pittsfield Township, Washtenaw County, v. Washtenaw County Board of Supervisors, 341 Mich. 388, 405 [ 67 N.W.2d 165 (1954)], and Calumet Hecla, Inc., v. Township of Allouez, 363 Mich. 671 [ 110 N.W.2d 585 (1961)]." The STC's final order in this case intended to achieve uniformity within Washtenaw County.

  3. WPW Acquisition Co. v. City of Troy

    250 Mich. App. 287 (Mich. Ct. App. 2002)   Cited 16 times
    Defining ad valorem taxation

    The former language of MCL 211.24b specified that taxes were assessed on the basis of a parcel of property's state equalized valuation. See School Dist No 9, Pittsfield Twp, Washtenaw Co v Washtenaw Co Bd of Supervisors, 341 Mich. 388, 406-407; 67 N.W.2d 165 (1954); Consumers Power Co v Muskegon, 13 Mich. App. 334, 341; 164 N.W.2d 398 (1968). The current version of MCL 211.24b provides in pertinent part:

  4. NeBoShone Ass'n v. State Tax Commission

    58 Mich. App. 324 (Mich. Ct. App. 1975)   Cited 11 times
    In NeBoShone the Court of Appeals held that where a seven-member association owned a large tract of property used for their own recreation and the sale of an interest in the property was subject to approval by a majority of the members, such a restriction should be taken into account by the assessor because the owners could bar any sale for a period of years and claim there was no market or true cash value.

    "Equalization procedures attempt to meet the problem, it being the purpose of these procedures to adjust or correct all of the different modes of assessment to achieve uniformity among governmental units within a county and uniformity among all of the counties of the State. See School District No 9, Pittsfield Township, Washtenaw County v Washtenaw County Board of Supervisors, 341 Mich. 388, 405; 67 N.W.2d 165, 173 (1954), and Calumet Hecla, Inc v Township of Allouez, 363 Mich. 671; 110 N.W.2d 585 (1961). But apparently equalization never quite succeeds in overcoming the race for advantage.

  5. Saginaw v. Tax Commission

    54 Mich. App. 160 (Mich. Ct. App. 1974)   Cited 10 times

    See also MCLA 24.312; MSA 3.560(212) whereby a reference to the 1952 administrative procedures act in any other law is deemed to be a reference to the 1969 act.School District No 9, Pittsfield Twp, Washtenaw County v Washtenaw County Board of Supervisors, 341 Mich. 388; 67 N.W.2d 165 (1954); Calumet Hecla, Inc v Township of Allouez, 363 Mich. 671; 110 N.W.2d 585 (1961): MCLA 211.34; MSA 7.52. III

  6. Kistner v. Milliken

    432 F. Supp. 1001 (E.D. Mich. 1977)   Cited 13 times
    In Kucinich v. Forbes, 432 F. Supp. 1001 (N.D.Ohio 1977), a case relied upon by plaintiffs, the court recognized that a local city councilman could be suspended from that body for failure to yield the floor, i.e., a refusal to stop speaking when told to do so by the council leader, because "society has a substantial interest in the efficient function of Council...."

    The State Tax Commission is the final arbiter of value in intercounty equalization disputes. Pittsfield Twsp. v. Washtenaw County Board of Supervisors, 341 Mich. 388, 404, 67 N.W.2d 165 (1954). The overall responsibility for statewide equalization was transferred in 1965 from the State Board of Equalization to the State Tax Commission.

  7. Allied Supermarkets v. Detroit

    391 Mich. 460 (Mich. 1974)   Cited 14 times
    In Allied Supermarkets, Inc v Detroit, 391 Mich. 460; 216 N.W.2d 755 (1974), we said that the "process of equalization is designed to enhance the goal of uniformity".

    "Equalization procedures attempt to meet the problem, it being the purpose of these procedures to adjust or correct all of the different modes of assessment to achieve uniformity among governmental units within a county and uniformity among all of the counties of the state. See School Dist No. 9, Pittsfield Twp, Washtenaw County, v Washtenaw County Board of Supervisors, 341 Mich. 388, 405 [67 N.W.2d 163 (1954)], and Calumet Hecla, Inc., v Township of Allouez, 363 Mich. 671 [ 110 N.W.2d 585 (1961)]."

  8. In re Appeal of General Motors Corp.

    376 Mich. 373 (Mich. 1965)   Cited 22 times
    In General Motors, supra at 376, the plaintiff, General Motors Corporation, appealed to the Supreme Court from the State Tax Commission's personal property assessment.

    Equalization procedures attempt to meet the problem, it being the purpose of these procedures to adjust or correct all of the different modes of assessment to achieve uniformity among governmental units within a county and uniformity among all of the counties of the State. See School District No. 9, Pittsfield Township, Washtenaw County, v. Washtenaw County Board of Supervisors, 341 Mich. 388, 405, and Calumet Hecla, Inc., v. Township of Allouez, 363 Mich. 671. But apparently equalization never quite succeeds in overcoming the race for advantage.

  9. Calumet & Hecla, Inc. v. Township of Allouez

    110 N.W.2d 585 (Mich. 1961)   Cited 6 times

    by the State's geologist because, by legislative definition, the value the geologist determines is true cash value. The difficulty with plaintiff's theory is that it proves too much. If the geologist's determination of value of mineral properties cannot be modified by equalization processes because it is true cash value, why cannot it be said that the township supervisors' and the city assessors' determinations of value of other properties cannot be modified by equalization, either, because they are required by law to assess at true cash values, too? The fact is that assessments of property are required to be made at cash value as determined by the assessing officer, whether township supervisor, city assessor, or State geologist. Their determinations of cash value are by no means final until subjected to the statutory process of county and State equalization. See Huron-Clinton Metropolitan Authority v. Boards of Supervisors of Five Counties, 304 Mich. 328, and School District No. 9, Pittsfield Township v. Washtenaw County Board of Supervisors, 341 Mich. 388, 400-407. By specifying the formula by which the value of mineral properties are to be determined initially by the geologist, the legislature cannot override the constitutional mandate found in article 10, § 8 that —

  10. City of Lansing v. Twp. of Lansing

    356 Mich. 641 (Mich. 1959)   Cited 122 times
    Holding that a contract is divisible under Michigan law where it provides for "different sums at different periods before the completion of entire work"

    The language of this statute, therefore, leaves no room for judicial construction. In re Merrill, 200 Mich. 244; City of Grand Rapids v. Crocker, 219 Mich. 178; City of Detroit v. Township of Redford, 253 Mich. 453; Detroit Trust Co. v. Hartwick, 278 Mich. 139; People v. Powell, 280 Mich. 699 (111 ALR 721); Detroit Edison Co. v. Secretary of State, 281 Mich. 428; In re Chamberlain's Estate, 298 Mich. 278; In re Gay's Estate, 310 Mich. 226; Geraldine v. Miller, 322 Mich. 85; Knapp v. Palmer, 324 Mich. 694; Van Antwerp v. State, 334 Mich. 593; Mercy Hospital v. Crippled Children Commission, 340 Mich. 404; Bartkowiak v. Wayne County, 341 Mich. 333; School District No. 9, Pittsfield Township, Washtenaw County v. Washtenaw County Board of Supervisors, 341 Mich. 388: Big Bear Markets of Michigan, Inc., v. Liquor Control Commission, 345 Mich. 569. No intent may be imputed to the legislature in the enactment of a law other than such is supported by the face of the law itself.