General Motors Corporation v. Department of Treasury

Order Michigan Supreme Court
Lansing, Michigan
July 25, 2011 Robert P. Young, Jr.,
Chief Justice
142533 & (73)(74)(76)(77)(79) Michael F. Cavanagh
Marilyn Kelly
Stephen J. Markman
Diane M. Hathaway
Mary Beth Kelly
GENERAL MOTORS CORPORATION, Brian K. Zahra,
Plaintiff-Appellant, Justices
v SC: 142533
COA: 291947
Ct of Claims: 07-000151-MT
DEPARTMENT OF TREASURY,
Defendant-Appellee.
_________________________________________/
On order of the Court, the motions for leave to file brief amicus curiae are
GRANTED. The application for leave to appeal the October 28, 2010 judgment of the
Court of Appeals is considered, and it is DENIED, because we are not persuaded that the
questions presented should be reviewed by this Court.
MARKMAN, J. (dissenting.)
I would grant leave to appeal to address whether: (a) the Due Process Clause of
Const 1963, art 1, §17 states anything different concerning the constitutionality of
retroactive application of state tax laws than does Amendments V or XIV of the United
States Constitution; and (b) whether it is relevant in enacting retroactive tax laws that the
Legislature asserting that such laws are “curative,” and intended to express the “original
intent of the Legislature,” is not the Legislature that enacted the laws in question, but
rather a subsequent Legislature.
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.
July 25, 2011 _________________________________________
t0718 Clerk