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BOLT v. CITY OF LANSING

Docket No. 192944.

561 N.W.2d 423 (1997)

221 Mich. App. 79

Alexander BOLT, Plaintiff, v. CITY OF LANSING, Defendant.

Court of Appeals of Michigan.

Decided January 13, 1997, at 9:00 a.m.

Released for Publication April 4, 1997.

Attorney(s) appearing for the Case

Jeffrey Zoeller, East Lansing, for Alexander Bolt.

James D. Smiertka, City Attorney, and Jack C. Jordan, Associate City Attorney, Lansing, for the City of Lansing.

Amicus curiae Honigman Miller Schwartz and Cohn by William C. Whitbeck, Lansing, for Edward Rose Associates, Inc., Huron Development Limited Partnership, and Edward Rose Realty, Inc.

Amicus curiae R. Bruce Laidlaw, Ann Arbor, for the Michigan Municipal League.

Amicus curiae Dykema Gossett PLLC by Stewart L. Mandell and Zora E. Johnson, Detroit, for Lansing Regional Chamber of Commerce.

Before SAAD, P.J., WAHLS and MARKMAN, JJ.

SAAD, Presiding Judge.

In this original action under Const. 1963, art. 9, § 32, plaintiff, a taxpayer by virtue of his ownership of real estate located in the City of Lansing, challenges the city's storm water service charges as being a disguised tax. The question presented is whether Lansing may charge landowners for the cost of separating the storm water and sewage systems, and treating the storm water runoff, without...

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