Legal Opinion

Midland Cogeneration Venture Ltd Partnership v. Robert Naftaly

Michigan Supreme Court

Decided May 23, 2011No. Docket 140814 and 140817 through 140824PublishedCited by 25 opinions

1Opinion of the CourtMarilyn Kelly, J.

In these consolidated cases, we must determine whether circuit courts have subject matter jurisdiction over appeals from the State Tax Commission (STC) regarding property classifications. We conclude that they do.

We hold that, because they constitute final decisions that are quasi-judicial and affect private rights, STC property-classification decisions fall within the ambit of article 6, § 28 of the Michigan Constitution, which guarantees judicial review. The Legislature lacks the authority to abolish the right to judicial review by enacting a statute. As a consequence, we declare the final…

2Cases cited12 opinions

  1. McAvoy v. H B Sherman Co.Michigan Supreme Court · 1977
  2. Maki v. City of East TawasMichigan Supreme Court · 1971
  3. City of Detroit v. WalkerMichigan Supreme Court · 1994
  4. C. F. Smith Co. v. FitzgeraldMichigan Supreme Court · 1935
  5. Hunter v. HunterMichigan Supreme Court · 2009

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3Cited by25 opinions

  1. Kim v. Jpmorgan Chase Bank, NaMichigan Supreme Court · 2012
  2. Makowski v. GovernorMichigan Supreme Court · 2014
  3. AFSCME Council 25 v. State Employees' Retirement SystemMichigan Court of Appeals · 2011
  4. Okrie v. StateMichigan Court of Appeals · 2014
  5. John Does 11-18 v. Department of CorrectionsMichigan Court of Appeals · 2018

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

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