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AMMEX, INC. v. DEPT. OF TREASURY

Docket No. 269237.

742 N.W.2d 617 (2007)

277 Mich. App. 13

AMMEX, INC., Plaintiff-Appellee, v. DEPARTMENT OF TREASURY, Defendant-Appellant.

Court of Appeals of Michigan.

Decided October 16, 2007, at 9:00 a.m.

Released for Publication December 10, 2007.

Attorney(s) appearing for the Case

Dykema Gossett PLLC (by Craig L. John and Thomas J. Murray), Bloomfield Hills, for the plaintiff.

Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, and Michael R. Bell, Assistant Attorney General, for the defendant.

Before: MARKEY, P.J., and SAAD and WILDER, JJ.

SAAD, J.

The Michigan Department of Treasury appeals the Court of Claims ruling that Ammex, Inc., is entitled to a refund of taxes it paid under the former Michigan motor fuel tax act (MFTA)1 during the tax periods of July 1, 1997, to December 31, 1997, and April 1, 1998, to June 30, 1998. For the following reasons, we affirm.

I. Facts and Procedural History

Ammex operates...

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