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MAPLEVIEW ESTATES, INC. v. BROWN CITY

Docket No. 236366.

671 N.W.2d 572 (2003)

258 Mich. App. 412

MAPLEVIEW ESTATES, INC., Plaintiff-Appellee/Cross-Appellant, v. CITY OF BROWN CITY, Defendant-Appellant/Cross-Appellee.

Court of Appeals of Michigan.

Decided July 1, 2003.

Approved for Publication September 11, 2003, at 9:00 a.m.

Released for Publication November 10, 2003.

Attorney(s) appearing for the Case

D'Agostini, Sable and Ruggeri, P.C. (by Richard J. Sable, Timothy A. Pierce, and Shawn Y. Grinnen), Sterling Heights, for the plaintiff.

Seibert and Dloski, P.L.L.C. (by Lawrence W. Dloski), Mt. Clemens, for the defendant.

Miller, Canfield, Paddock and Stone, P.L.C. (by Clifford T. Flood), Lansing, for amicus curiae the Michigan Municipal League.

Before: OWENS, P.J., and BANDSTRA and MURRAY, JJ.

PER CURIAM.

Defendant Brown City appeals as of right a grant of summary disposition in favor of plaintiff Mapleview Estates, Inc. We reverse and remand for entry of summary disposition in favor of defendant.

Plaintiff, the developer of a manufactured housing community, sued after defendant raised the fees for connecting new homes to its central water supply and sewer systems. Plaintiff argued that the fee was actually a disguised tax and, under the Headlee...

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