HomeMy WebLinkAboutResolutions - 1973.10.09 - 15589October 9, 1973
RESOLUTION NO. 6454
RE: LITIGATION TO INVALIDATE GUIDELINES
OF MICHIGAN STATE TAX COMMISSION
BY: PATRICK M. NOWAK AND JAMES W. DUNLEAVY
TO: THE OAKLAND COUNTY BOARD OF COMMISSIONERS
MR. CHAIRMAN, LADIES AND GENTLEMEN:
WHEREAS, the Chairman of the State Tax Commission has stated
that the present guidelines promulgated by the Michigan State Tax
Commission will cause about 50 percent of the property within the
State of Michigan to exceed the 50 percent assessment limitation
as set forth in Article IX, Section 3 of the Michigan Constitution
of 1963, as amended; and
WHEREAS, the Oakland County Board of Commissioners are re-
quired by the General Property Tax Act to equalize real property
within the County of Oakland pursuant to the direction of the
Michigan State Tax Commission; and
WHEREAS, members of the Oakland County Board of Commissioners
would be required to violate Article IX, Section 3 of the Michigan
Constitution of 1963, as amended, using the present guidelines of
the Michigan State Tax Commission; and
WHEREAS, it is in the best interest of the County of Oakland
and the taxpayers therein if the validity of the present guidelines
are litigated; and
WHEREAS, the request by two County Commissioners to litigate
the question of the validity of the Michigan State Tax Commission
guidelines is founded on the uniqueness and the necessity of
swiftness in litigating said validity.
NOW THEREFORE BE IT RESOLVED that the Office of the Oakland
County Civil Counsel be and the same is hereby authorized to pursue
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litigationto invalidate the present guidelines of the Michigan
State Tax Commission.
MR-CHAIRMAN, I move the adoption of the foregoing resolution.
James W. Dun leavy
#6454
Moved by Nowak supported by Dunleavy the resolution be adopted.
Moved by Gabler supported by Douglas the resolution be amended in the
NOW THEREFORE BE IT RESOLVED paragraph after the word litigation, by inserting
"on behalf of the County of Oakland"; which paragraph will then read:
NOW THEREFORE BE IT RESOLVED that the Office of the Oakland County Civil
Counsel be and the same is hereby authorized to pursue litigation on behalf of the
County of Oakland to invalidate the present guidelines of the Michigan State Tax
Commission.
A sufficient majority having voted therefor, the motion carried.
Discussion followed.
Moved by Perinoff supported by Pernick the resolution be referred to
the Equalization Committee and to Civil Counsel for their opinions.
Discussion followed.
Mr. Douglas moved the previous question.
The Chairman stated that those in favor of calling the question, say Aye,
and those opposed, say no. The vote was as follows:
AYES: Perinoff, Pernick, Walker, Berman. (4)
NAYS: Richardson, Vogt, Wilcox, Brotherton, Button, Coy, Dearborn, Douglas,
Dunleavy, Gabler, Hobart, Hoot, Kasper, Moffitt, Nowak, Patnales. (16)
A sufficient majority not having voted therefor, the motion lost.
Vote on resolution,, as amended:
AYES: Pernick, Richardson, Vogt, Wilcox, Berman, Brotherton, Button, Coy,
Dearborn, Douglas, Dunleavy, Gabler, Hobart, Hoot', Houghten, Kasper, Lennon, Moffitt,
Nowak, Patnales, Perinoff. (21)
NAYS: Walker. (1)
A sufficient majority having voted therefor, the resolution, as amended,
was adopted. .
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lynn D. Allen, Clerk of the County of Oakland and
having a seal, do hereby certify that I have compared the annexed copy of
,solution #6454 adoRted.by.thp.Oakland.County.Board.of.Commis.s.ioners.at ..
their meeting held on October 9, 1973 • • • • •••01P•“••••••••••••040410••0•••••••••••••••••••••••••••••••••••••••••G
with the original record thereof now remaining in my
office, and that it is a true and correct transcript
therefrom, and of the whole thereof.
In Testimony Whereof, I have hereunto set my hand and
affixed the seal of said County at Pontiac, Michigan
this o •seee•••••••e•ea••..day of........
Lynn D.
Deputy Clerk
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