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COUNTY RD. ASS'N v. DEP'T OF TRANSPORTATION

Docket No. 46037.

94 Mich. App. 242 (1979)

288 N.W.2d 382

COUNTY ROAD ASSOCIATION OF MICHIGAN v. DEPARTMENT OF TRANSPORTATION

Michigan Court of Appeals.

Decided December 6, 1979.

Attorney(s) appearing for the Case

Downs, Pirich & Downs, P.C., for plaintiffs.

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, and Louis J. Caruso, Francis J. Carrier and Patrick McElmurry, Assistants Attorney General, for defendant.

Amicus Curiae: John C. Dernback, for the American Lung Association of Michigan.

Before: J.H. GILLIS, P.J., and R.B. BURNS and N.J. KAUFMAN, JJ.

R.B. BURNS, J.

Plaintiffs brought this original proceeding for mandamus, pursuant to MCL 600.4401; MSA 27A.4401, to prevent defendant Michigan Department of Transportation from financing a vehicle testing program with funds derived from fuel and weight tax revenues. The program is designed primarily to determine statistically the actual pollutants being emitted from Michigan's light duty vehicle fleet. An appropriation of $1,000,000 for the fiscal year ending September...

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