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WPW ACQUISITION CO. v. CITY OF TROY

Docket No. 211828.

620 N.W.2d 883 (2001)

243 Mich. App. 260

WPW ACQUISITION COMPANY, Plaintiff-Appellee/Cross-Appellant, v. CITY OF TROY, Defendant-Appellant/Cross-Appellee.

Court of Appeals of Michigan.

Decided November 14, 2000, at 9:05 a.m.

Released for Publication January 10, 2001.

Attorney(s) appearing for the Case

Honigman Miller Schwartz and Cohn (by Thomas J. Beale and Richard Bisio), Detroit, for the plaintiff.

John J. Martin, III, Troy, for the defendant.

Before MARKEY, P.J., and GRIBBS and GRIFFIN, JJ.

PER CURIAM.

In this case involving taxation, defendant city of Troy appeals by right the trial court's order granting summary disposition in favor of plaintiff WPW Acquisition Company after concluding that M.C.L. § 211.34d(1)(b); MSA 7.52(4)(1)(b), as amended, was unconstitutional. Plaintiff cross appeals the trial court's order, which held that the court did not have jurisdiction to address the issue of a tax refund...

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