Michigan Supreme Court to hear Michigan Association of Home Builders v. city of Troy
The Michigan Supreme Court will hear the case of Michigan Association of Home Builders v. city of Troy at 9:30 a.m. on Thursday, March 7.
"The Supreme Court has directed oral argument on plaintiffs’ application for leave to appeal to address: (1) whether the creation of a fee surplus generated by an enforcing agency under the CCA, and the use of that surplus to pay for shortfalls in previous years by transfer of the surplus into the city’s general fund, violates the constraints of § 22 of the CCA that fees be reasonable, be intended to bear a reasonable relation to the cost of acts and services provided by the enforcing agency, and be used only for the operation of the enforcing agency or the construction board of appeals, or both; (2) if so, whether plaintiffs have a private cause of action against a governmental subdivision for enforcement of the CCA, MCL 125.1508b(1); (3) whether plaintiffs are 'taxpayers' that have standing to file suit pursuant to the Headlee Amendment, Const 1963, art 9, § 32; and (4) if so, whether the challenged fees violate the Headlee Amendment," according to the court's summary.
The original case revolved around a lawsuit over allegations that the defendant violated the Construction Code Act (CCA).
Michigan Supreme Court case number 156737