Vectren Infrastructure Services Corp v. Department of Treasury ( 2020 )

Order Michigan Supreme Court Lansing, Michigan November 25, 2020 Bridget M. McCormack, Chief Justice David F. Viviano, Chief Justice Pro Tem 161422 Stephen J. Markman Brian K. Zahra Richard H. Bernstein VECTREN INFRASTRUCTURE SERVICES Elizabeth T. Clement CORP., successor-in-interest to MINNESOTA Megan K. Cavanagh, Justices LIMITED, INC., Plaintiff-Appellee, v SC: 161422 COA: 345462 Ct of Claims: 17-000107-MT DEPARTMENT OF TREASURY, Defendant-Appellant. _________________________________________/ On order of the Court, the application for leave to appeal the March 12, 2020 judgment of the Court of Appeals is considered and, pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we VACATE the Court of Appeals judgment and we REMAND this case to the Court of Appeals to address the plaintiff’s arguments regarding the proper method for calculating the business tax due under the statutory formula. See MCL 208.1201; MCL 208.1301(2). This foundational issue must be addressed before determining that MCL 208.1309 requires application of an alternative method of apportionment. We do not retain jurisdiction. I, Larry S. Royster, 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. November 25, 2020 s1124 Clerk