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KOWALSKI v. CITY OF LIVONIA

Docket No. 255623.

705 N.W.2d 161 (2005)

267 Mich. App. 517

Kathy KOWALSKI, David Barnaby, Fred Hyatts, Maurice Curran, and Linda Curran, Plaintiffs-Appellants, v. CITY OF LIVONIA, Defendant-Appellee.

Court of Appeals of Michigan.

Decided July 26, 2005, at 9:20 a.m.

Released for Publication October 26, 2005.

Attorney(s) appearing for the Case

Charfoos & Christensen, P.C. (by David R. Parker), Detroit, for the plaintiff.

Sean P. Kavanagh, City Attorney, and Cathryn K. White, Chief Assistant City Attorney, and Cummings, McClorey, Davis & Acho, PLC (by T. Joseph Seward), Livonia, Livonia, for the defendant.

Before: O'CONNELL, P.J., and SCHUETTE and BORRELLO, JJ.

O'CONNELL, P.J.

Plaintiffs1 appeal as of right the trial court's order granting defendant summary disposition based on its holdings that plaintiffs lacked standing, that the federal Cable Communications Policy Act, 47 USC 521 et seq., preempted the Headlee Amendment, and that the cable "franchise fees" did not constitute a "tax" for purposes of the § 31 of the Headlee Amendment....

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