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BIRCHWOOD MANOR, INC. v. COMM'R OF REVENUE

Docket Nos. 236646, 236698, 236699.

680 N.W.2d 504 (2004)

261 Mich. App. 248

BIRCHWOOD MANOR, INC., Petitioner-Appellant, v. COMMISSIONER OF REVENUE, Respondent-Appellee.

Court of Appeals of Michigan.

Decided March 16, 2004, at 9:00 a.m.

Released for Publication June 8, 2004.

Attorney(s) appearing for the Case

Cooper & Walinski (by W. Miles McKee, Janet E. Hales, and Libbey W. Call Best), Toledo, Ohio, for the petitioners.

Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, and Glenn R. White, Assistant Attorney General, for the respondent.

Before: WHITBECK, C.J., and MURPHY, MARK J. CAVANAGH, SAAD, SMOLENSKI, OWENS and HOOD, JJ.

SAAD, J.

Pursuant to MCR 7.215(J), this Court convened a special panel to resolve the conflict between this Court's vacated opinion in Birchwood Manor, Inc v. Comm'r of Revenue, 258 Mich.App. 801, 673 N.W.2d 438 (2003), and this Court's prior opinion in CompuPharm-LTC v. Dep't of Treasury, 225 Mich.App. 274, 570 N.W.2d 476 (1997). We conclude...

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