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CONTINENTAL CABLEVISION OF MICHIGAN, INC. v. CITY OF ROSEVILLE

Docket No. 80426, (Calendar No. 7).

430 Mich. 727 (1988)

425 N.W.2d 53

CONTINENTAL CABLEVISION OF MICHIGAN, INC v. CITY OF ROSEVILLE

Supreme Court of Michigan.

Decided June 27, 1988.

Attorney(s) appearing for the Case

Dickinson, Wright, Moon, Van Dusen & Freeman (by Gregory L. McClelland and Jeffery V. Stuckey) for the petitioner.

LaBarge, Dinning & Greve, P.C. (by Ronald H. Greve), for the respondent.

Amici Curiae:

William J. DeBiasi, P.C. (by William M. DeBiasi), for Maclean Hunter Cable Television.

Hertzberg, Jacob & Weingarten, P.C. (by Abraham Singer and Joel D. Applebaum), for Metrovision of Oakland County, Livonia and Redford.

Stephen R. Smith for Michigan Cable Television Association.

O'Reilly, Rancilio, Nitz, Andrews & Turnbull, P.C. (by Neil J. Lehto), for Michigan Municipal League.

RILEY, C.J.

This case of first impression involves the assessment of personal property taxes by the City of Roseville in 1982, 1983, and 1984. We granted leave to determine whether "house drops," a portion of the cable television system operating in the city, are owned by and assessable as the personal property of the cable company or, instead, are fixtures, taxable to each subscriber to whose home the cable runs.

We hold that the cable company owns the house...

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