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FORD MOTOR CO. v. BRUCE TP.

Docket No. 246579.

689 N.W.2d 764 (2004)

264 Mich. App. 1

FORD MOTOR COMPANY, Petitioner-Appellant, v. TOWNSHIP OF BRUCE, Respondent-Appellee, and Michigan Chamber of Commerce, Amicus Curiae.

Court of Appeals of Michigan.

Decided October 5, 2004, at 9:00 a.m.

Released for Publication November 22, 2004.

Attorney(s) appearing for the Case

Honigman Miller Schwartz and Cohn (by John S. Kane), Lansing, for the petitioner.

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

Robert S. LaBrant, Lansing, for amicus curiae the Michigan Chamber of Commerce.

Before: RICHARD ALLEN GRIFFIN, P.J., and MARK J. CAVANAGH and FORT HOOD, JJ.

MARK J. CAVANAGH, J.

Petitioner appeals as of right the dismissal of its petition for review by the Michigan Tax Tribunal (MTT) on the ground that it lacked subject-matter jurisdiction.1 We affirm.

On February 19, 2002, petitioner filed its petition for review pursuant to MCL 211.53a for recovery of excess tax payments not made under protest. It averred that, because of a mutual mistake of fact, it had paid taxes in excess of the...

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