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AUTOALLIANCE INT'L, INC. v. DEP'T OF TREASURY

Docket No. 282096.

766 N.W.2d 1 (2009)

282 Mich. App. 492

AUTOALLIANCE INTERNATIONAL, INC. v. DEPARTMENT OF TREASURY.

Court of Appeals of Michigan.

Decided February 24, 2009, at 9:05 a.m.

Attorney(s) appearing for the Case

Varnum, Riddering, Schmidt & Howlett LLP (by Thomas J. Kenny, Novi, Maria S. Carew, and Paul V. McCord) for the plaintiff.

Michael A. Cox, Attorney General, B. Eric Restuccia, Solicitor General, and Heidi L. Johnson-Mehney, Assistant Attorney General, for the defendant.

Before: SAWYER, P.J., and SERVITTO and M.J. KELLY, JJ.

M.J. KELLY, J.

In this suit for a refund of taxes paid on motor fuel, plaintiff, AutoAlliance International, Inc., appeals as of right the Court of Claims grant of summary disposition in favor of defendant, Department of Treasury (the Department). On appeal, we conclude that the Court of Claims erred when it required AutoAlliance to present evidence of the amount of fuel actually consumed during the operation of the vehicles at issue before it could claim a refund...

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