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August 4, 1988
MISCELLANEOUS RESOLUTION. 88199
BY: FINANCE COMMITTEE, DR. G. WITLIAM CADDELL, CHAIRPERSON
IN RE: EQUALIZATION DIVISION - LEGAL FEES - XEROX CORPORATION VS
OAKLAND COUNTY
TO THE OAKLAND ,COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the Xerox Corporation has caused the County of Oakland to
incur legal expenses through litigation before the Michigan Tax Tribunal;
and
WHEREAS the difference between Xerox Corporation contention of State
Equalized Value and Oakland County's is approximately $30 million for
1980, 1981, 1982; and
WHEREAS a motion is now pending before the Michigan Court of Appeals
to include a yet undetermined additional amount for 1983 to 1987; and
WHEREAS the County of Oakland, through its attorneys and with the
cooperation of the Cities, Townships, and School Districts involved, have
prevailed, thus preserving for all units of government in the County of
Oakland over $1,652,000 in tax revenue; and
WHEREAS legal action is outstanding for the pending case of
discrimination and exemption issues, and the Xerox Corporation has
appealed the case to the Michigan Court of Appeals; and
WHEREAS other manufacturers and leasing companies have observed OUT
efforts and determination in defending ourselves successfully and this may
act as a deterrent for future appeals; and
WHEREAS Shifman & Carlson, P.C. have submitted invoices in the amount
of $3,305 for legal services rendered in preparation of the appeal for the
period March 1, 1988 to May 31, 1988, and such invoices are being
submitted quarterly; and
WHEREAS Corporation Counsel finds the legal fees reasonable.
NOW THEREFORE BE IT RESOLVED that the Board of Commissioners authorize
payment of legal fees in the amount of $3,305 and finds said amount in the
1988 Contingency Account.
BE IT FURTHER RESOLVED that $3,305 be transferred from the 1988
Contingency Account to the 1988 Equalization Division Budget as follows:
4-10100-909-01-00-9900 Contingency Account ($3,305)
4-10100-125-01-00-3456 Equalization Div. Legal 3,305
-0-
Mr. Chairperson, on behalf of the Finance Committee, 1 move the
adoption of the foregoing resolution.
NG RESOLUTION FIJIAN;
t
COAllITTEF4 •
Oakland County Civil Counsel
1200 Telegraph Road
Pontiac, Michigan 48053 STATEMENT NO 6877
71004.010,3
JAC
MARCH 31, 1988
On L. Bailey, Manager
DEPARTMENT OF CORPORAMA COUNSEL
Approved for
By:
Date:
SHIFMAN & CARLSON, P.C.
3000 TOWN CENTER, SUITE 2360
SOUTHFIELD, MICHIGAN 48075
MATTER: XEROX COPORATION/MTT
FOR PROFESSIONAL SERVICES RENDERED THRU 03/31/88
DISBURSEMENTS THRU 03/31/88
TOTAL
Equalization Division
Acct #4-10100-125-01-00-3456
4/25/88
491.50
.39
491.0
SHIFMAN & CARLSON, P.C.
3000 TOWN CENTER, SUITE 2360
SOUTHFIELD : MICHIGAN 48075
Oakland County Civil Counsel MARCH 31, 1988
PAGE 2
DESCRIPTION DATE ATTORNEY HOURS .......... -- ............. ------------- - ............. ---- -______
Telephone call from D. Minton, office 03/02/88 BRS .30
conference
Review of pleadings 03/18/88 JAC .20
Review of pleadings 03/22/88 JAC .20
Review of Michigan Tax Tribunal petition 03/30/88 BRS .90
et al, filed by Xerox regarding interest
office conference
Review of Michigan Tax Tribunal Rules 03/31/88 BRS 1.30
and Michigan Court Rules regarding
summary disposition; telephone call to
D. Slavin, Assistant Corp. Counsel
STATEMENT NO, 6877
TOTAL FOR SERVICES 491.50
SHIFMAN N CARLSJN, P.C.
3000 TOWN CENTER, SUITE 2360
SOUTHFIELD, MICHIGAN 48075
Oakland County Civil Counsel MARCH 31, 1988
PAGE 3
DISBURSEMENTS FOR YOUR ACCOUNT
Postage .39
------- ---
TOTAL DISBURSEMENTS .39
TOTAL THIS STATEMENT 491.89
PREVIOUS STATEMENTS OUTSTANDING
STATEMENT NO. 6877
NO. 6720
NO. 6783
NO. 6831
DECEMBER 31, 1987 243,65
JANUARY 31, 1988 997.63
FEBRUARY 29, 1988 1,490.25
1.4ftemav. ----- Itnememp.ma
TOTAL 3,223,42
Oakland County Civil Counsel
1200 Telegraph Road
Pontiac, Michigan 48053 STATEMENT NO 6921
71004.010.3
JAC
APRIL 30, 1988
SHIFMAN & CARLSON, P.C.
3000 TOWN CENTER, SUITE 2360
SOUTHFIELD, MICHIGAN 48075
MATTER: XEROX COPORATION/MTT
FOR PROFESSIONAL SERVICES RENDERED THRU 04/30/33
DISBURSEMENTS THRU 04/30/38
1,076.00
13.97
TOTAL 1,089.97
Oakland County Civil Counsel
PAGE 2
APRIL 30, 1988
STNTEMENT NO. 6921
SHIFMAN & CARLSON, P.C.
3000 TOWN CENTER, SUITE 2360
SOUTHFIELD, MICHIGAN 48075
DESCRIPTION
Research for Motion for summary
disposition
Telephone call from S. Tardiff (Madison
Hgts. Attorney); office conference
Preparation of Affirmative Defenses and
Counter—Claim to Xerox's MTT Petition
for Refund of Interest
Review of Answer to Petition;
Correspondence to Michigan Tax Tribunal
with miscellaneous additional pleadings
Correspondence to Equalization
Department
Office conference
DATE ATTORNEY HOURS
04/04/88 BRS 1.00
04/04/88 JAC .40
04/13/88 BRS 2.80
04/13/88 JAC .50
04/14/88 BRS .00
04/14/88 BRS 1.50
04/14/88 JAC .20
TOTAL FOR SERVICES 1,076.00
Oakland County Civil Counsel
PAGE 3
APRIL 30, 1988
STATEMENT NO 6921
11.07
2.90
SHIFMAN & CARLSON, P.C.
3000 TOWN CENTER, SUITE 2360
SOUTHFIELD, MICHIGAN 48075
DISBURSEMENTS FOR YOUR ACCOUNT
Photocopying
Postage
TOTAL DISBURSEMENTS 13.97
TOTAL THIS STATEMENT :1,089.97
PREVIOUS STATEMENTS OUTSTANDING
NO
NO,
NO.
NO
TOTAL
6720
6783
6831
6877
DECEMBER 31, 1987
JANUARY 31, 1988
FEBRUARY 29, 1988
MARCH 31, 1988
243.65
997,63
1,490,25
491.89
4,313.39
Equalization Division
Acct #4 -10100-125-01-00-3456
5/18/88
DEPARTMENT OF CORPCR,LMON GOi.WEL
Approved for fl -• •
Ogi
Oakland County Civil Counsel
1200 Telegraph Road
Pontiac, Michigan 48053 STATEMENT NO, 6969
71004.010.3
JAC
MAY 31, 1988
SHIFMAN & CARLSON, P.C.
3000 TOWN CENTER, SUITE 2360
SOUTHFIELD, MICHIGAN 48075
et)
MATTER: XEROX COPORATION/MTT
FOR PROFESSIONAL SERVICES RENDERED THRU 05/31/88
DISBURSEMENTS THRU 05/31/88
1,663.00
59.74
TOTAL 1,722.74
DESCRIPTION DATE ATTORNEY HOURS
SHIPMAN & CARLSON, P.C.
3000 TOWN CENTER, SUITE 2360
SOUTHFIELD, MICHIGAN 48075
Oakland County Civil Counsel MAY 31, 1988
PAGE 2 STATEMENT NO. 6969
....... .........
Review of Motion for Summary/Accelerated 05/13/88 BRS 1.00
Judgment filed by Xerox
Office conference and research 05/16/88 JAC .30
Correspondence to Equalization 05/16/88 BRS 1.10
Department, research
Office conference and research regarding 05/16/88 PMM .70
interest on increased assessment — MTT
Revision of Letter to Assistant 05/17/88 BRS .30 Corporation Counsel
Further research regarding interest on 05/17/88 PMM .40
MTT judgment — increased assessment
Office conference and review file 05/23/88 JAC .20
Additional research and draft answer to 05/23/88 BRS 1.50
Motion for Summary Disposition and
Cross —Motion for Summary Disposition
Office conference and research interest 05/24/88 JAC .40 issue
Revision of Answer to Motion for Summary 05/24/88 BRS 1.50
Disposition, etc., further research and
preparation of brief
Oakland County Civil Counsel
PAGE 3
MAY 31, 1938
STATEMENT NO. 6969
DESCRIPTION DATE ATTORNEY HOURS
05/25/88 BRS 2.00
05/26/88 BRS 1.00
SHIFMAN & CARLSON, P.C.
3000 TOWN CENTER, SUITE 2360
SOUTHFIELD, MICHIGAN 48075
........ V4Es.r ......
Research and draft Brief in Opposition
to Petitioner's Summary Disposition,
Motion, etc.
Revision of Brief in Opposition to
Petitioner's Summary Disposition, etc.,
letter to Michigan Tax Tribunal
TOTAL FOR SERVICES 1,663.00
PAGE 4 STATEMENT NO, 6969
SHIFMAN & CARLSON, P.C.
3000 TOWN CENTER, SUITE 2360
SOUTHFIELD, MICHIGAN 48075
Oakland County Civil Counsel MAY 31, 1988
DISBURSEMENTS FOR YOUR ACCOUNT
Expedited Delivery 6.65
Filing Fee 25.00
Photocopying 21.06
Postage 5.15
Telephone 1.88
TOTAL DISBURSEMENTS 59.74
TOTAL THIS STATEMENT 1,722.74 ,
PREVIOUS STATEMENTS OUTSTANDING
NO, 6877
NO. 6921
MARCH 31, 1988
APRIL 30, 1988
491.89
1,089.97
TOTAL 3,304.60
EQUALIZATION DIVISION
Acct #4-10100 -125-01-00-3456
6/17/88
DE.ARTI-viENT OF CflPPORATiON IE
Approved tor
By:
•
7/6--
Resolution # 88199 August 4, 1988
August 1.988
ALLEN, County Clerk/Register 01
1.1ay of
LYtP
Moved by Caddell supported by Crake the resolution be adopted.
AYES: Crake, Doyon, Gosling, Hobart, R. Kuhn, Lanni, Luxon, McConnell,
A McPherson, R. McPherson, Oaks, Page, Pernick, Rewold, Rowland, Skarritt,
Wilcox, Caddell. (18)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
STATE OF M1CMGAN)
COUNTY OF OAKLAND)
1, Lynn D. Allen, Clerk of the County of Oakland and having a seal,
do hereby certify that 1 have compared the annexed copy of the attached
resoluti2on adopted by the Oakland County Board of Commissioners at their regular .
•meeting held on August 4, 1988
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 4th