Colonial Village Townhouse Cooperative v. City of Riverview

Does a complaint for damages alleging that the city has assessed and collected a garbage tax against plaintiffs real property pursuant to MCL 123.261; MSA 5.2681, but has refused to collect the garbage, fall within the jurisdiction of the Tax Tribunal, or does it come within the jurisdiction of the circuit court? On March 26, 1984, the circuit court found that plaintiffs claim fell within the exclusive jurisdiction of the Tax Tribunal, MCL 205.731; MSA 7.650(31), and granted defendant’s motion for summary judgment under GCR 1963, 117.2(1). Plaintiff appeals as of right. We affirm.

The facts…