Legal Opinion · Dissent

Walgreen Co. v. MacOmb Township

Michigan Court of Appeals

Decided July 31, 2008No. Docket 276829Published

1DissentO’Connell, J.

I respectfully dissent. In my opinion, the Tax Tribunal improperly found that petitioner had no standing. Additionally, the rules created by respondent’s board of review were invalid and denied petitioner its due-process rights. I would reverse.

Whether a party has standing comprises a question of law that is subject to review de novo. Lee v Macomb Co Bd of Comm’rs, 464 Mich 726, 734; 629 NW2d 900 (2001).

“[T]he doctrine of standing [is] a constitutional principle that prevents courts of law from undertaking tasks assigned to the political branches. It is the role of courts to provide relief to…

2Cases cited14 opinions

  1. Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
  2. Lewis v. CaseySupreme Court of the United States · 1996
  3. Lee v. MacOmb County Board of CommissionersMichigan Supreme Court · 2001
  4. Forge v. SmithMichigan Supreme Court · 1998
  5. Hofmann v. Auto Club InsuranceMichigan Court of Appeals · 1995

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