Legal Opinion · Dissent

Detroit Edison Company v. Department of Treasury

Michigan Supreme Court

Decided July 22, 2015No. Docket 148753Published

1DissentKelly, J.

I respectfully dissent from the majority’s conclusion that plaintiff, Detroit Edison Company (DTE), engages in industrial processing after electric power leaves its plants. While DTE engages in industrial processing when, at the plant, it takes in raw materials and transforms those raw materials into electric power,1 industrial processing ends once the electric power leaves the plant. Electric power generated at the power plant is distributed through the electric grid. "While its voltage is adjusted as it travels through the electric grid, the “thing” produced— electric power—is not. Like…

2Cases cited8 opinions

  1. Haynes v NeshewatMichigan Supreme Court · 2007
  2. Elias Bros. Restaurants, Inc. v. Treasury DepartmentMichigan Supreme Court · 1996
  3. Evanston Y.M.C.A. Camp v. State Tax CommissionMichigan Supreme Court · 1963
  4. Michigan Allied Dairy Ass'n v. State Board of Tax AdministrationMichigan Supreme Court · 1942
  5. Moore v. Farmers Mutual Manufacturing & Ginning Co.Arizona Supreme Court · 1938

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