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BOLT v. CITY OF LANSING

Docket No. 108511, Calendar No. 4.

587 N.W.2d 264 (1998)

459 Mich. 152

Alexander BOLT, Plaintiff-Appellant, v. CITY OF LANSING, Defendant-Appellee.

Supreme Court of Michigan.

Decided December 28, 1998.

Rehearing Denied February 24, 1999.

Attorney(s) appearing for the Case

Honigman, Miller, Schwartz & Cohn (by Frederick M. Baker, Jr.), Lansing, MI, and Witzel & Zoeller, P.C. (by Jeffrey Zoeller ), East Lansing, MI, for the plaintiff-appellant.

James D. Smiertka, City Attorney, and Jack C. Jordan, Chief Deputy City Attorney, Lansing, MI, for the defendant-appellee.

R. Bruce Laidlaw, Ann Arbor, MI and Abigail Elias, Ann Arbor, MI, amici curiae for Michigan Municipal League and City of Ann Arbor.

Dykema, Gossett, P.L.L.C. (by Stewart L. Mandell and Angela R. White ), Detroit, MI, amici curiae, for Lansing Regional Chamber of Commerce.

William R. Wingard, East Lansing, MI, amicus curiae for Citizens to Abolish the Rain Tax Ordinance.

OPINION

WEAVER, J.

We granted leave to appeal in this case to determine whether the storm water service charge imposed by Lansing Ordinance No. 925 is a valid user fee or a tax that violates the Headlee Amendment, Const 1963, art 9, § 31.1 We hold that the storm water service charge is a tax, for which approval is required by a vote of the people. Because Lansing did not...

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