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COUNTY ROAD ASSOCIATION OF MICHIGAN v. GOVERNOR

Docket No. 125665.

705 N.W.2d 680 (2005)

474 Mich. 11

COUNTY ROAD ASSOCIATION OF MICHIGAN and Chippewa County Road Commission, Plaintiffs-Appellees and Michigan Public Transit Association, Ann Arbor Transportation Authority, Capital Area Transportation Authority, and Suburban Mobility Authority for Regional Transportation, Intervening Plaintiffs-Appellants, 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-Appellees.

Supreme Court of Michigan.

November 8, 2005.

Attorney(s) appearing for the Case

Fraser Trebilcock Davis & Dunlap, P.C. (by Michael C. Levine and Ryan K. Kauffman), Lansing, MI, for the plaintiffs.

Honigman Miller Schwartz and Cohn, L.L.P. (by John D. Pirich and Angela M. Brown), Lansing, MI, for the intervening plaintiffs.

Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, and Patrick F. Isom, Assistant Attorney General, Lansing, MI, for the defendants.

Loomis, Ewert, Parsley, Davis & Gotting, P.C. (by David M. Lick, Jeffrey W. Bracken, and Ronald W. Bloomberg), Lansing, MI, for Michigan Infrastructure and Transportation Association, Inc., amicus curiae.

Plunkett & Cooney, P.C. (by Mary Massaron Ross and Christine D. Oldani), Detroit, MI, for Michigan Municipal League, amicus curiae.

OPINION

PER CURIAM.

This case involves the authority of the Governor, exercised in Executive Order No. 2001-9, to reduce the Legislature's allocation of general sales taxes to the Comprehensive Transportation Fund (CTF) by $12,750,000 for the fiscal year ending September 30, 2002, and to transfer those revenues to the state's general fund. Appellants claim that the general sales tax revenues allocated to the CTF are "constitutionally dedicated" funds within...

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