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CITY OF SOUTH HAVEN v. VAN BUREN CTY. BD. OF COMM'RS

Docket No. 264269.

715 N.W.2d 81 (2006)

270 Mich. App. 233

City of SOUTH HAVEN, Plaintiff-Appellant, v. VAN BUREN COUNTY Board of COMMISSIONERS, Van Buren County Board of County Road Commissioners, and Van Buren County Treasurer, Defendant-Appellees.

Court of Appeals of Michigan.

Decided March 14, 2006, at 9:00 a.m.

Released for Publication May 24, 2006.

Attorney(s) appearing for the Case

Law, Weathers & Richardson, P.C. (by Michael J. Roth and James C. Komondy), Grand Rapids, for the city of South Haven.

Schuitmaker, Cooper, Schuitmaker & Cypher, P.C. (by Harold Schuitmaker and M. Brian Knotek), Paw Paw, for the Van Buren County Board of Commissioners and the Van Buren County Treasurer.

Kelly L. Page and Varnum, Riddering, Schmidt & Howlett LLP (by Eric J. Guerin), Paw Paw, Kalamazoo, for the Van Buren County Board of County Road Commissioners.

Before: BANDSTRA, P.J., and WHITE and FORT HOOD, JJ.

BANDSTRA, P.J.

This case raises a number of questions under § 20b of chapter 4 of the general highway law, MCL 224.20b. We conclude that the Tax Tribunal does not have exclusive jurisdiction over claims regarding the proper distribution of funds raised under that section. We also conclude that a county road commission, which is merely the recipient of funds raised under that section, is not properly a defendant to claims challenging the distribution. Further...

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