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COUNTY ROAD ASSN. OF MICHIGAN v. GOVERNOR

Docket No. 245767.

677 N.W.2d 340 (2004)

260 Mich. App. 299

COUNTY ROAD ASSOCIATION OF MICHIGAN and Chippewa County Road Commission, Plaintiffs-Appellees, v. GOVERNOR of Michigan, Director of The Department of Transportation, Department of Transportation, Director of The Department of Management and Budget, Department of Management and Budget, State Budget Director, State Treasurer, Department Of Treasury, Secretary Of State, and State of Michigan, Defendants-Appellants, and Michigan Public Transit Association, Ann Arbor Transportation Authority, Capital Area Transportation Authority, and Suburban Mobility Authority for Regional Transportation, Intervening Plaintiffs-Appellees.

Court of Appeals of Michigan.

Decided January 13, 2004, at 9:00 a.m.

Released for Publication April 2, 2004.

Attorney(s) appearing for the Case

Fraser Trebilcock Davis & Dunlap, P.C. (by Michael C. Levine), Lansing, for County Road Association of Michigan and Chippewa County Road Commission.

Honigman Miller Schwartz and Cohn LLP (by John D. Pirich and Angela M. Brown), Lansing, for Michigan Public Transit Association and others.

Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, and Patrick F. Isom and John F. Szczubelek, Assistant Attorneys General, for the Governor and others.

Loomis, Ewert, Parsley, Davis & Gotting, P.C. (by David M. Lick, Jeffrey W. Bracken, and Ronald W. Bloomberg), Lansing, for Michigan Road Builders Association and Association of Underground Contractors.

Before: TALBOT, P.J., and OWENS and FORT HOOD, JJ.

TALBOT, P.J.

At issue is $12.75 million, which represents a portion of the revenues collected from the four-percent general sales tax imposed on the sale of motor vehicles and motor vehicle fuel, parts, and accessories. According to MCL 205.75, a specific portion of the general sales tax revenues is appropriated to the state Comprehensive Transportation Fund (CTF). In fiscal year 2001-2002, former Governor John Engler issued an executive order to reduce state expenditures...

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