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No. 125665
| County Road Association of Michigan |
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Michael C. Levine |
and Chippewa County Road Commission, |
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Plaintiffs-Appellees, |
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and |
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| Michigan Public Transit Association, Ann |
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John D. Pirich |
| Arbor Transportation Authority, Capital Area |
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| Transportation Authority, and Suburban |
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Mobility Authority for Regional Transportation, |
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Intervening Plaintiffs-Appellants, |
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| vs (Ingham - Collette, W.) |
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| Governor of Michigan, Director of |
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Patrick F. Isom |
the Department of Transportation, et al, |
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Click to view briefs in Adobe format:
Intervening Plaintiffs-Appellants' Application for Leave to Appeal>>
Intervening Plaintiffs-Appellants' Supplemental Brief in Support of Application>>
Intervening Plaintiffs-Appellants' Supplemental Brief>>
Plaintiffs-Appellees' Brief in Support of Application>>
Defendants-Appellees' Brief in Opposition >>
Michigan Municipal League's Amicus Curiae Brief>>
Michigan
Municipal League's Supplemental Amicus Curiae Brief>>
Michigan Road Builders Association and Associated Underground
Contractors' Amici Curiae Brief>>
Background
Michigan is required to have a balanced budget, and the state Constitution authorizes the Governor to reduce expenditures when revenues fall below expectations. Const 1963, art 5, § 20. The Governor is not allowed to reduce expenditures of "funds constitutionally dedicated for specific purposes." Const 1963, art 5, § 20. This case involves the authority of Governor John Engler, in Executive Order 2001-9, to reduce expenditures by the CTF by $12,750,000 for the fiscal year ending September 30, 2002 , and to transfer those funds to the state's general fund. The CTF is primarily a funding mechanism for bus systems and other forms of mass transit. Its funding derives from a clause in the third paragraph of Const 1963, art 9, § 9, which earmarks the revenue from certain taxes for "highway" or "transportation" purposes. The plaintiffs and intervening plaintiffs challenged Engler's reduction of the CTF's expenditures. The trial court concluded that the CTF's funding was "constitutionally dedicated" by Const 1963, art 9, § 9, and immune from the Governor's power to reduce expenditures under Const 1963, art 5, § 20. On December 11, 2002 , the trial court enjoined the reduction in CTF spending and the transfer of CTF funds provided for by the Executive Order. The Court of Appeals reversed, concluding that the Constitution does not "dedicate" any portion of general sales tax revenue to the CTF. The intervening plaintiffs seek leave to appeal to the Supreme Court.
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