Duverney v. Big Creek-Mentor Utility Authority

Summary

The Michigan Supreme Court vacated the Court of Appeals' order and remanded the case for further proceedings, allowing the plaintiffs 28 days to amend their complaint to more specifically allege a violation of the Headlee Amendment. The concurrence discussed the requirements for pleading a Headlee Amendment violation involving mandatory sewer connection charges and concluded that the amendment would likely be futile under existing precedent.

Holdings

1. The Court of Appeals order was vacated, and the case was remanded for further proceedings with plaintiffs granted 28 days to amend their complaint to more specifically allege a violation of Michigan Constitution article 9, section 31.
2. According to the concurrence's statement of the governing rule, a plaintiff challenging a fee as a Headlee Amendment violation must plead facts supporting all three Bolt elements: the charge serves a revenue-raising purpose, bears no reasonable relationship to the benefit conferred, and is involuntary.

Questions Presented

1. Whether the Court of Appeals order dismissing plaintiffs' complaint should be vacated and the case remanded to permit amendment alleging a Headlee Amendment violation.
2. What facts a plaintiff must plead to survive summary disposition on a claim that a municipal charge is an unconstitutional tax under the Headlee Amendment.

Disposition

vacated