FOREMAN v. OAKLAND CTY. TREAS.

Docket No. 19143.

57 Mich. App. 231 (1974)

226 N.W.2d 67

FOREMAN v. OAKLAND COUNTY TREASURER

Michigan Court of Appeals.

Decided December 5, 1974.


Attorney(s) appearing for the Case

Karbel, Eiges, Rothstein & Karbel, for plaintiffs.

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, and James B. Saunders and Thomas J. Giachino, Assistants Attorney General, for Treasurer of the State of Michigan.

Oakland County Civil Counsel (by Donald L. Slavin, Assistant), for defendants Treasurer of the County of Oakland, Oakland County, and Oakland County Probate Judges Eugene A. Moore, Donald E. Adams and Norman R. Barnard.

Before: V.J. BRENNAN, P.J., and T.M. BURNS and CARLAND, JJ.


Leave to appeal applied for.

T.M. BURNS, J.

Plaintiffs commenced a class action in Oakland County Circuit Court challenging the constitutionality of § 17 of Chapter 1 of Michigan's Probate Code, being MCLA 701.17; MSA 27.3178(17) as amended through 1969. Specifically, plaintiffs claimed that the statutory fee schedule, as contained in subparagraph (1) of § 17 and payable under the language of subparagraph (3) of § 17 was in fact a tax or revenue...

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