A & E PARKING v. DETROIT METROPOLITAN WAYNE CTY. AIRPORT AUTHORITY

Docket No. 261046.

723 N.W.2d 223 (2006)

A & E PARKING, d/b/a Airlines Parking, A & E Parking, d/b/a Express Parking, Airport Future Lodges, LLC, d/b/a La Quinta Inn, Airport Landing, d/b/a Qwik Park, Arrow Leasing, d/b/a Park-n-Go, Courtyard Management Corporation, d/b/a Courtyard Detroit Metro Airport, Future Lodging, LLC, d/b/a Comfort Inn, Future Lodging, Inc., d/b/a Quality Inn, Gateway Lodges, LLC, d/b/a Four Points by Sheraton, Detroit Metro Airport, Hampton Inn, Marriott Hotel Services, Inc., d/b/a Detroit Marriott Romulus at Detroit Airport, Park & Travel, Inc., d/b/a U.S. Park, Park n' Jet, Inc., Sage Management Resources III, LLC, d/b/a Fairfield Inn Detroit Metro Airport, Airtrans Chauffeured Transportation, LLC, Frank Berkowski, Sandy Milis, and Jeff Stroud, Plaintiffs-Appellants/Cross-Appellees, and Select Ride, Inc., Renthotel Detroit, LLC, d/b/a Doubletree Hotel Detroit Metropolitan Airport, Tecumseh Trolley Company, and Limousine Express, Inc., Appellants, and Future Parking, LLC, d/b/a Park 2 Fly, Airport Lodges, LLC, d/b/a Days Inn, Baymont Inns Hospitality, d/b/a Baymont Inn, Belleville Nights, Inc., d/b/a Holiday Inn Express, Detroit Airport Hotel, d/b/a Hilton Gardens, Interstate Management Company, d/b/a Hilton Suites Detroit, Romulus Nights, d/b/a Motel 6, Robert Henderson, and Fred S. Adams, Plaintiffs-Cross-Appellees, v. DETROIT METROPOLITAN WAYNE COUNTY AIRPORT AUTHORITY and County of Wayne, Defendants-Appellees/Cross-Appellants.

Court of Appeals of Michigan.

Decided July 25, 2006, at 9:05 a.m.

Released for Publication October 26, 2006.


Attorney(s) appearing for the Case

Cohen, Lerner & Rabinovitz, P.C. (by Steven Z. Cohen), Royal Oak, for the plaintiffs.

Barris, Sott, Denn & Driker, P.L.L.C. (by Matthew R. Millikin and Morley Witus), Detroit, for the defendants.

Before: KIRSTEN FRANK KELLY, P.J., and MARKEY and METER, JJ.


METER, J.

This case primarily deals with whether certain commercial access fees (CAFs) imposed by the Detroit Metropolitan Wayne County Airport Authority (AA) on hotels and parking and limousine companies providing shuttle services at the Detroit Metropolitan Wayne County Airport (airport) constitute taxes levied in violation of the Headlee Amendment, Const 1963, art 9, § 31.1 We find that the CAFs do not

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