Wheeler v. Shelby Charter Township

DONOFRIO, EJ.

Representative plaintiff, a resident of defendant township, commenced this action challenging the constitutionality of the township’s Ordinance 211. That ordinance requires single-family residences within the township to use a single waste hauler approved by the township for the disposal of household solid waste and to pay a fee to the hauler for the services. Flaintiff asserted in the circuit court that the fees authorized by the ordinance constituted a tax enacted without voter approval in violation of Const 1963, art 9, § 31, popularly known as the Headlee Amendment, and that…