Legal Opinion

Michigan Soft Drink Ass'n v. Department of Treasury

Michigan Court of Appeals

Decided August 1, 1994No. Docket 141168, 141586PublishedCited by 18 opinions

1Opinion of the CourtCorrigan, J.

In this case of first impression, we hold that the unclaimed deposit amendments of the act regarding beverage containers (hereafter referred to as the Bottle Law), 1989 PA 148, MCL 445.573b; MSA 18.1206(13b) and MCL 445.573d; MSA 18.1206(13d), do not offend the takings clauses of US Const, Ams V and XIV, and Const 1963, art 10, § 2. Because these amendments constitute a valid exercise of legislative power, we order dissolution of the trial court’s permanent injunction against enforcement of 1989 PA 148.

Plaintiff Michigan Soft Drink Association (msda), whose members consist of Michigan…

2Cases cited30 opinions

  1. Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
  2. Penn Central Transportation Co. v. New York CitySupreme Court of the United States · 1978
  3. Loretto v. Teleprompter Manhattan CATV Corp.Supreme Court of the United States · 1982
  4. Yee v. City of EscondidoSupreme Court of the United States · 1992
  5. Webb's Fabulous Pharmacies, Inc. v. BeckwithSupreme Court of the United States · 1980

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3Cited by18 opinions

  1. Heinz v. Chicago Road Investment Co.Michigan Court of Appeals · 1996
  2. Vargo v. SauerMichigan Court of Appeals · 1996
  3. Michael Long v. Liquor Control CommissionMichigan Court of Appeals · 2017
  4. Gorney v. City of Madison HeightsMichigan Court of Appeals · 1995
  5. Consumers Power Co. v. Public Service CommissionMichigan Court of Appeals · 1997

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