Hyde Park Cooperative v. City of Detroit ( 2013 )

Order Michigan Supreme Court
Lansing, Michigan
April 26, 2013 Robert P. Young, Jr.,
Chief Justice
146116 Michael F. Cavanagh
Stephen J. Markman
Mary Beth Kelly
Brian K. Zahra
Bridget M. McCormack
HYDE PARK COOPERATIVE, VILLAGE David F. Viviano,
CENTER ASSOCIATES LIMITED DIVIDEND Justices
HOUSING ASSOCIATION, BOWIN PLACE
ASSOCIATES LIMITED DIVIDEND HOUSING
ASSOCIATION, CAMBRIDGE TOWER
ASSOCIATES LIMITED DIVIDEND HOUSING
ASSOCIATION, FENIMORE LIMITED
DIVIDEND HOUSING ASSOCIATION,
MILLENDER CENTER ASSOCIATES LIMITED
PARTNERSHIP, PLYMOUTH SQUARE
LIMITED DIVIDEND HOUSING
ASSOCIATION, and FOUNTAIN COURT
CONSUMER HOUSING COOPERATIVE,
Plaintiffs-Appellants,
v SC: 146116
COA: 303143
Wayne CC: 10-005687-CZ
CITY OF DETROIT and BUILDINGS AND
SAFETY ENGINEERING DEPARTMENT,
Defendants-Appellees.
_________________________________________/
On order of the Court, the application for leave to appeal the July 24, 2012
judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in
lieu of granting leave to appeal, we VACATE footnote 5 of the Court of Appeals
judgment because the issue was not properly before the Court of Appeals nor necessary
to its decision. Moreover, we note that a claim for “money damages” such as the one
rejected by this Court in Lash v Traverse City, 479 Mich 180, 191-197 (2007), is not
identical to an action for a refund of an allegedly unlawful exaction. See, e.g.,
Beachlawn Building Corporation v City of St. Clair Shores, 370 Mich 128 (1963); Bolt v
City of Lansing, 459 Mich 152 (1998). In all other respects, leave to appeal is DENIED,
because we are not persuaded that the remaining questions presented should be reviewed
by this Court.
I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the
foregoing is a true and complete copy of the order entered at the direction of the Court.
April 26, 2013 _________________________________________
p0423 Clerk