Supreme Court Grants to Consider Tax Tribunal’s Exclusivity of Jurisdiction Over “Special Assessments” Under the Drain Code

Lacey & Jones, LLP’s Appeals and Legal Research Group Chair, Carson J. Tucker appeared in this case as special appellate co-counsel for Pittsfield Township after the Township lost in the Michigan Court of Appeals.

Mr. Tucker was hired for his appellate expertise to draft and assist with the filing of the application in the Michigan Supreme Court.

The Michigan Supreme Court has granted the Application for Leave to Appeal filed on behalf of Pittsfield Township to consider the issue, inter alia:

Whether a public corporation’s special assessment against an individual parcel of property authorized under the Drain Code, MCL 280.490(1), but implemented through the provisions governing special assessments by the public corporation contained in the Public Improvement Act, MCL 41.721, et seq., is subject to the exclusive jurisdiction of the Michigan Tax Tribunal, pursuant to MCL 205.731, in light of the amendment of 1992 PA 172, excluding the drain code from the definition of “property tax laws.”

Read the Court’s Grant Order here:  Ashley Ann Arbor Grant Order

Lacey & Jones, LLP’s Appeals and Legal Research Group handles appeals in state and federal courts involving all subject-matter areas of the law, including appeals involving issues of complex administrative and regulatory law, as is the instant case.

For questions regarding this case or any other appellate law issue, call Carson J. Tucker at (248) 283-0763.

About cjtucker06

Owner of law firm since July 2014; Handles all types of appellate matters and assists other lawyers with complex litigation and insurance coverage issues; Admitted to the Supreme Court of the United States, the Sixth Circuit Court of Appeals and the State Bar of Michigan; Expertise in prosecuting and defending appeals with several significant successes in the Sixth Circuit Court of Appeals, the Michigan Supreme Court and the Michigan Court of Appeals; Author of briefs amicus curiae in the Michigan Supreme Court for the Michigan Defense Trial Counsel and the Insurance Institute of Michigan; Represents Insurance Companies, Major International Business, Governmental Entities, Law Enforcement Officers and County Sheriffs. Board of Directors, Michigan Defense Trial Counsel Amicus Committee Co-Chair, Michigan Defense Trial Counsel Military - Retired Major in the Judge Advocate General (JAG) Corps of the United States Army, Brigade Judge Advocate and Staff JAG officer for the Maneuver Training Center, Camp Grayling, Michigan; Recipient of the Army's Meritorious Service Medal (the highest medal of honor available to Soldiers serving in non-combat roles); 2012 Graduate of the Judge Advocate Officer Advanced Course, at The Judge Advocate Legal Center and School, Charlottesville, Virginia. United States Navy Reserves, Combat Warfare Qualification, January 1989 to July 2003 Former law clerk to Justice Stephen J. Markman, Michigan Supreme Court, Research Attorney, Michigan Court of Appeals. Insurance Coverage Associate Plunkett Cooney; Environmental Law Attorney at Squire Sanders, now Squire Patton Boggs; Master's Degree in Environmental Law; Environmental Law Scholar, ALI/ABA Washington, D.C., Juris Doctorate, Vermont Law School, Environmental Editor, Vermont Law Review; Treasurer and Finalist, Moot Court Advisory Board.
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