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A Better Partnership

September 2014

Sep 2014
September 30, 2014

COA holds that Michigan's SBT is non-dischargeable in bankruptcy

The Court of Appeals considered an issue of first impression in Henderson v. Michigan Department of Treasury, No. 312859, and held that Michigan’s Single Business Tax (SBT) is an excise tax not subject to discharge in bankruptcy proceedings. Furthermore, the Court held that the tax tribunal did not err when it prohibited Henderson the opportunity for discovery before a final opinion on the matter was issued.

Sep 2014
September 30, 2014

COA affirms MPSC order denying biomass-plant eligibility to recover NOx emissions costs

In the consolidated case In Re Consumers Energy Co., No. 305066, the Court of Appeals reconsidered and reaffirmed the Michigan Public Service Commission’s order denying a biomass plant’s eligibility to collect mono-nitrogen oxide (NOx) emission costs and accepting Consumers Energy’s calculated power supply recovery costs for 2009.

Sep 2014
September 29, 2014

Court of Appeals to reconsider appeal of trial court's order denying motion to vacate plea

In People v. Reid, No. 148678, the Michigan Supreme Court remanded as on leave granted.  The Court of Appeals was directed to consider defendant’s appeal of the district court’s denial of his motion to rescind, revoke, or vacate his nolo contendere plea. The circuit court denied both motions. When the Court of Appeals originally considered defendant’s delayed application for leave to appeal, it only docketed the application as an appeal from the motion for production of documents, not from the motion to vacate his plea. The Michigan Supreme Court remanded the case to the Court of Appeals, so that it can consider the defendant’s application for leave to appeal as to the motion to vacate his nolo contendere plea.

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