SECRETARY OF STATE v. STATE TREAS.

Docket No. 58846.

113 Mich. App. 153 (1982)

317 N.W.2d 238

SECRETARY OF STATE v. STATE TREASURER.

Michigan Court of Appeals.

Decided January 27, 1982.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, and Louis J. Caruso, Patrick McElmurry, and David L. Balas, Assistants Attorney General, for plaintiff Secretary of State, and Patrick F. Isom, Assistant Attorney General, for defendant Department of Treasury.

Downs, Zagaroli & Downs, P.C., and Walter Clements, for Southeastern Michigan Transportation Authority.

L.W. McEntee, for Oakland County Road Commission.

Bodman, Longley & Dahling (by Joseph A. Sullivan), for Wayne County Road Commission.

Miller, Canfield, Paddock & Stone (by John D. Pirich), and John P. Cushman, for County Road Association of Michigan.

Before: ALLEN, P.J., and M.J. KELLY and J.J. KELLEY, JJ.


M.J. KELLY, J.

I cannot agree with Judge ALLEN'S holding that the Southeastern Michigan Transportation Authority (SEMTA) tax should continue until the Legislature establishes a termination date. As I read the legislation in question, the tax expired on April 16, 1981.

In an effort to merge the SEMTA and City of Detroit mass transit systems, the Legislature established a tax which would expire three years from the effective date of the act if a merger agreement...

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