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BRUSKY v. DEPT. OF TREASURY

No. 355670.

985 N.W.2d 237 (2022)

340 Mich. App. 42

Larry BRUSKY, doing business as Brusky Construction, Plaintiff-Appellant, v. DEPARTMENT OF TREASURY, Defendant-Appellee.

Court of Appeals of Michigan.

Decided January 13, 2022, 9:00 a.m.

Attorney(s) appearing for the Case

Sullivan & Leavitt, PC (by Michael J. Leavitt, Northville, and George L. Howell) for plaintiff.

Dana Nessel, Attorney General, Fadwa A. Hammoud, Solicitor General, and Emily C. Zillgitt and Genevieve T. Fischré, Assistant Attorneys General, for defendant.

Before: K. F. Kelly, P.J., and Gadola and Redford, JJ.

Plaintiff, Larry Brusky, doing business as Brusky Construction, appeals by right the Court of Claims opinion and order granting summary disposition in favor of defendant, the Department of Treasury. The court concluded that plaintiff engaged in retail sales under MCL 205.52(1) and that its tax base included "delivery charges" under the General...

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