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OSHTEMO CHARTER TP. v. KALAMAZOO COUNTY

No. 355634.

981 N.W.2d 176 (2021)

339 Mich. App. 87

OSHTEMO CHARTER TOWNSHIP, Petitioner-Appellant, v. KALAMAZOO COUNTY & Kalamazoo County Board of Commissioners, Respondents-Appellees.

Court of Appeals of Michigan.

Decided September 30, 2021, 9:00 a.m.

Attorney(s) appearing for the Case

James W. Porter, Kalamazoo, and Emily E. Westervelt for Oshtemo Charter Township.

Cohl, Stoker & Toskey, PC, Lansing (by Timothy M. Perrone) for Kalamazoo County and the Kalamazoo County Board of Commissioners.

Bauckham, Sparks, Thall, Seeber & Kaufman, PC, Portage (by Robert E. Thall) for the Michigan Townships Association, Amicus Curiae.

Before: Beckering, P.J., and Shapiro and Swartzle, JJ.

The Headlee Amendment provides that a local unit of government may not levy a tax without voter approval unless the tax was authorized at the time of Headlee's ratification in 1978. At that time, Michigan law permitted general-law townships to levy property taxes at a rate not greater than one mill, while charter townships were permitted...

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