City of South Haven v. Van Buren County Board of Commissioners

{concurring in part and dissenting in part). I agree with the majority that defendants’ millage proposals violated MCL 224.20b. However, I disagree that no remedy exists for the violations. I would hold that an equitable remedy is available, affirm the judgment of the Court of Appeals, and remand the case to the trial court for further proceedings.

*536THE GOVERNING STATUTORY PROVISIONS

I begin, as is appropriate, with the language of the statute. The taxes in this case were levied under the authority of MCL 224.20b. It provides:(1) Notwithstanding any other provision of this act, the board of…