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DETROIT BOARD OF STREET RY. COMM'RS v. COUNTY OF WAYNE

Docket No. 3,480.

18 Mich. App. 614 (1969)

171 N.W.2d 669

DETROIT BOARD OF STREET RAILWAY COMMISSIONERS v. COUNTY OF WAYNE

Michigan Court of Appeals.

Rehearing denied November 26, 1969.

Attorney(s) appearing for the Case

Manuel Zechman, for plaintiff.

William L. Cahalan, Prosecuting Attorney and Aloysius J. Suchy and William F. Koney, Assistant Prosecuting Attorneys, for defendant.

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, and William D. Dexter and Richard R. Roesch, Assistant Attorneys General, for intervenor defendant.

Before: T.G. KAVANAGH, P.J., and LEVIN and BEER, JJ.

LEVIN, J.

The plaintiff Department of Street Railways (DSR) has, over the years, paid both local taxes on its property situated outside Detroit's city limits and county taxes in accordance with the 1909 Amendment to the home rule act, which authorized a home rule city to purchase a transportation utility,1 and which provided:

"When a transportation utility is so acquired, state and county taxes shall be paid thereon as if privately...

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