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MICH SOFT DRINK ASS'N v. TREAS DEP'T

Docket Nos. 141168, 141586.

206 Mich. App. 392 (1994)

522 N.W.2d 643

MICHIGAN SOFT DRINK ASSOCIATION v. DEPARTMENT OF TREASURY

Michigan Court of Appeals.

Decided August 1, 1994, at 9:35 A.M.

Attorney(s) appearing for the Case

Dykema Gossett (by William J. Perrone, Richard D. McLellan, and Ronald J. Torbert), and Tom Downs, for the plaintiff.

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, and Clive D. Gemmill and Thomas R. Wheeker, Assistant Attorneys General, for the Department of Treasury.

Bellanca, Beattie & De Lisle, P.C. (by James C. Zeman and James V. Bellanca, Jr.), for Associated Food Dealers of Michigan and others, intervening defendants.

Amici Curiae:

Michigan United Conservation Clubs, and others (by M. Carol Bambery).

Before: SAWYER, P.J., and CORRIGAN and HOOD, JJ.

CORRIGAN, J.

In this case of first impression, we hold that the unclaimed deposit amendments of the act regarding beverage containers (hereafter referred to as the Bottle Law), 1989 PA 148, MCL 445.573b; MSA 18.1206(13b) and MCL 445.573d; MSA 18.1206(13d), do not offend the takings clauses of US Const, Ams V and XIV, and Const 1963, art 10, § 2. Because these amendments constitute a valid exercise of legislative power, we order dissolution of the trial court...

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