Legal Opinion

Thoman v. City of Lansing

Michigan Supreme Court

Decided September 11, 1946No. Docket No. 16, Calendar No. 43,241PublishedCited by 48 opinions

1Opinion of the Court

In the opinion of Mr. Justice SHARPE, Act No. 162, Pub. Acts 1933, (Comp. Laws Supp. 1940, § 3551-41 et seq., Stat. Ann. §15.511 et seq.) is held unconstitutional. I am unable to concur in that result. The pertinent portions of the act are quoted in my Brother's opinion. The statute is one pertaining to taxation:

"The presumption of constitutionality following taxing statutes is stronger than applies to laws generally and only where a taxing system clearly and palpably violates the fundamental law will it be held invalid." Michigan Central R. Co. v. Powers,201 U.S. 245, 267 (26 Sup. Ct. 459,…

2Cases cited9 opinions

  1. Michigan Central Railroad v. PowersSupreme Court of the United States · 1906
  2. Youngblood v. SextonMichigan Supreme Court · 1875
  3. Dullam v. WillsonMichigan Supreme Court · 1884
  4. School District v. City of PontiacMichigan Supreme Court · 1933
  5. Stenson v. Secretary of StateMichigan Supreme Court · 1944

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3Cited by48 opinions

  1. Bonner v. City of BrightonMichigan Supreme Court · 2014
  2. Regents of the University v. Employment Relations CommissionMichigan Supreme Court · 1973
  3. Lockwood v. Commissioner of RevenueMichigan Supreme Court · 1959
  4. Caterpillar, Inc v. Department of TreasuryMichigan Supreme Court · 1992
  5. Consumers Power Co. v. Big Prairie TownshipMichigan Court of Appeals · 1978

43 more not listed; retrieve them via the Exa API.

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