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SHAW v. CITY OF DEARBORN

No. 341701.

944 N.W.2d 153 (2019)

329 Mich. App. 640

Therese SHAW, Individually and as Representative of a Class of Similarly Situated Persons, Plaintiff-Appellant, and Garisson Place Office Center LLC, and Think Fresh-Fairlane LLC, Plaintiffs, v. CITY OF DEARBORN, Defendant-Appellee.

Court of Appeals of Michigan.

Decided September 19, 2019, 9:05 a.m.

Attorney(s) appearing for the Case

Kickham Hanley PLLC (by Gregory D. Hanley, Jamie K. Warrow, and Edward F. Kickham, Jr.) for Therese Shaw.

Zausmer, August & Caldwell, PC (by Gary K. August and Richard A. Patton) for defendant.

Miller, Canfield, Paddock and Stone, PLC (by Sonal Hope Mithani) Amicus Curiae for Michigan Municipal League, Michigan Townships Association, and the Government Law Section of the State Bar of Michigan.

Before: Gadola, P.J., and Boonstra and Swartzle, JJ.

Voters approved the Headlee Amendment to ensure that local taxpayers would have ultimate control over spending on local public works. The purpose of the amendment would be thwarted if a local authority could charge higher utility rates to raise revenue and then use some of the excess funds to finance a public-works project. This is...

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