Prime Time International Distributing Inc v. Dept of Treasury
Prime Time International Distributing Inc v. Dept of Treasury
Opinion
*49 Defendant the Department of Treasury (the Department) appeals as of right three opinions and orders issued by the Court of Claims involving plaintiffs Prime Time International Distributing, Inc., MFJ Enterprises, Inc., and Chase Cash & Carry, Inc. The Department and defendant the State Treasurer appeal as of right an opinion and order involving plaintiff Keweenaw Bay Indian Community. We affirm.
I. BACKGROUND
Spanning from 2015 to 2016, the Michigan State Police Tobacco Tax Unit seized large amounts of tobacco products from plaintiffs for violations of the Tobacco Products Tax Act (TPTA), MCL 205.421 et seq . Each plaintiff timely requested a hearing before the Department pursuant to MCL 205.429(3). The Department concluded that the seizures and forfeitures were proper in each case. Plaintiffs each filed an appeal in the proper circuit court as mandated under MCL 205.429(4). The Department filed a notice of transfer pursuant to MCL 600.6404(3) in each action so that the cases could be transferred to the Court of Claims. The Court of Claims issued its first opinion on October 17, 2016, holding that the circuit court had exclusive jurisdiction over Prime Time International Distributing, Inc.'s action. 1 The remaining plaintiffs' actions were likewise transferred back to the circuit court for *50 reasons consistent *686 with the first opinion. 2 Defendants now appeal the Court of Claims' decisions, arguing that the Court of Claims Act (CCA), MCL 600.6401 et seq ., vests the Court of Claims with exclusive jurisdiction over these appeals and that they do not fall within the CCA's jurisdictional exception under MCL 600.6419(5). Defendants claim this exception does not apply because (1) the TPTA does not confer exclusive jurisdiction on the circuit court and (2) an appeal under the TPTA is actually an original action. The appeals have been consolidated to advance the administration of the appellate process.
II. STANDARD OF REVIEW
This Court reviews de novo the question whether the trial court possessed subject-matter jurisdiction.
Bank v. Mich. Ed. Ass'n-NEA
,
*51 III. STATUTORY BACKGROUND
Defendants contend that Court of Claims erred when it held that the circuit court has subject-matter jurisdiction over plaintiffs' claims. We disagree.
"The Legislature is presumed to have intended the meaning it plainly expressed. If the plain and ordinary meaning of the statutory language is clear, then judicial construction is neither necessary nor permitted. A court is required to enforce a clear and unambiguous statute as written."
Walters v. Bloomfield Hills Furniture
,
A. CIRCUIT COURT JURISDICTION
Circuit courts are courts of general jurisdiction that derive their power from the Michigan Constitution.
Id
. at 101,
An appeal shall lie from any order, decision, or opinion of any state board, commission, or agency, authorized under the laws of this state to promulgate rules from which an appeal or other judicial review has not otherwise been provided for by law, to the circuit court of the county of which the appellant is a resident or to the circuit court of Ingham county, which court shall have and exercise jurisdiction with respect thereto as in nonjury cases. Such appeals shall be made in accordance with the rules of the supreme court. [ MCL 600.631.]
However, the RJA provides an exception to the general jurisdiction of the circuit court "where exclusive jurisdiction is given in the constitution or by statute to some other court or where the circuit courts are denied jurisdiction by the constitution or statutes of this state." MCL 600.605. Accordingly, "the circuit court is presumed to have subject-matter jurisdiction over a civil action unless Michigan's Constitution or a statute expressly prohibits it from exercising jurisdiction or gives to another court exclusive jurisdiction over the subject matter of the suit."
Teran v. Rittley
,
B. COURT OF CLAIMS JURISDICTION
An exception to the general jurisdiction of the circuit court exists when the Court of Claims is given exclusive
*53
jurisdiction. See
Parkwood Ltd. Dividend Housing Ass'n v. State Housing Dev. Auth.
,
[t]o hear and determine any claim or demand, statutory or constitutional, liquidated or unliquidated, ex contractu or ex delicto, or any demand for monetary, equitable, or declaratory relief or any demand for an extraordinary writ against the state or any of its departments or officers notwithstanding [ 4 ] another law that confers jurisdiction of the case in the circuit court. [ MCL 600.6419(1)(a).]
*688 However, MCL 600.6419(5) states, "This chapter does not deprive the circuit court of exclusive jurisdiction over appeals from the district court and administrative agencies as authorized by law."
*54 C. THE TPTA
"The TPTA 'is at its heart a revenue statute, designed to assure that tobacco taxes levied in support of Michigan schools are not evaded.' "
K & W Wholesale, LLC v. Dep't of Treasury
,
tobacco product held, owned, possessed, transported, or in control of a person in violation of this act, and a vending machine, vehicle, and other tangible personal property containing a tobacco product in violation of this act and any related books and records are contraband and may be seized and confiscated by the department as provided in this section. [ MCL 205.429(1).]
The TPTA also provides the procedure for requesting and conducting an administrative hearing. See MCL 205.429(3). In addition, the TPTA provides a procedure for seeking judicial review of the decision following the administrative hearing:
If a person is aggrieved by the decision of the department, that person may appeal to the circuit court of the county where the seizure was made to obtain a judicial determination of the lawfulness of the seizure and forfeiture. The action shall be commenced within 20 days after notice of the department's determination is sent to the person or persons claiming an interest in the seized property. The court shall hear the action and determine the issues of fact and law involved in accordance with rules of practice and procedure as in other in rem proceedings. If a judicial determination of the lawfulness of the seizure and forfeiture cannot be made before deterioration of any of the property seized, the court shall order the destruction or sale of the property with public notice as determined by the court and require the proceeds to be deposited with the court until the lawfulness of the seizure and forfeiture is finally adjudicated. [ MCL 205.429(4) (emphasis added).]
*55 IV. ANALYSIS
Defendants contend, and we agree, that MCL 600.6419 generally vests the Court of Claims with exclusive jurisdiction over claims against the state or any of its departments. MCL 600.6419(1). Defendants further maintain that because plaintiffs' actions do not meet the CCA's exception to jurisdiction under MCL 600.6419(5), the Court of Claims has exclusive jurisdiction over these actions. We disagree.
This Court has held that "[a] litigant seeking judicial review of an administrative agency's decision has three potential avenues of relief: (1) the method of review prescribed by the statutes applicable to the particular agency; (2) the method of review prescribed by the [Administrative Procedures Act (APA), MCL 24.201
et seq
. ]; or (3) an appeal under MCL 600.631 [.]"
Teddy 23, LLC v. Mich. Film Office
,
*689 (emphasis added). Thus, there is an inherent tension between the TPTA's jurisdictional provision and the CCA's jurisdictional provisions. To remedy this tension, we look first to the exceptions under the CCA, MCL 600.6419(5), which provides, "This chapter does not deprive the circuit court of exclusive jurisdiction over appeals from the district court and administrative agencies as authorized by *56 law." If MCL 600.6419(5) applies, the Court of Claims does not have jurisdiction to hear these actions against the state. Defendants argue that MCL 205.429(4) does not confer exclusive jurisdiction on the circuit court, and for that reason, MCL 600.6419(5) does not apply. In support, defendants rely on the statutory analysis in O'Connell . This argument fails.
In
O'Connell
, we analyzed the relationship between MCL 600.4401 and MCL 600.6419 to determine which court has jurisdiction to decide writs of mandamus.
O'Connell
,
We held in
O'Connell
that the Court of Claims had jurisdiction and that the exception under MCL 600.6419(6) did not apply because "the circuit court did
*57
not possess exclusive jurisdiction over mandamus actions involving state officers; rather, it shared concurrent jurisdiction with this Court."
Id
. at 104,
In this case, the same analysis applies. The question turns on whether MCL 205.429(4) confers exclusive jurisdiction on the circuit court for matters involving appeals from the Department pursuant to the TPTA. The Court of Claims concluded in each of its opinions and orders that the TPTA does confer exclusive jurisdiction on the circuit court to hear such appeals. We agree. The TPTA states, "If a person is aggrieved by the decision of the department, that person may appeal to the circuit court of the county where the seizure was
*690
made to obtain a judicial determination of the lawfulness of the seizure and forfeiture." MCL 205.429(4). Unlike MCL 600.4401(1) in
O'Connell
, the TPTA does not confer concurrent jurisdiction on this Court. The plain and clear language of the statute states that appeals from decisions of the Department are to be made to the circuit court-not in addition to an appellate court, to the Court of Claims, or to any other
*58
judicial body.
6
To interpret the statute as defendants suggest, i.e., that appeals under the TPTA must be made to the Court of Claims, would render the jurisdictional provision of the TPTA nugatory, which is an interpretation we must avoid.
O'Connell
,
The Department also argues, as it did below, that plaintiffs are not bringing an appeal at all; rather, plaintiffs have filed original actions with the Court of Claims, and therefore MCL 600.6419(5) does not apply. We disagree.
An appeal from the Department to the circuit court is governed by Chapter 2 of the Michigan Court Rules,
Keweenaw Bay Outfitters & Trading Post v. Dep't of Treasury
,
Affirmed.
Beckering, P.J., and O'Brien and Cameron, JJ., concurred.
See Prime Time Int'l Distrib., Inc. v. Dep't of Treasury , unpublished opinion of the Court of Claims, issued October 17, 2016 (Docket No. 16-000226-MZ).
See Chase Cash & Carry, Inc. v. Dep't of Treasury , unpublished opinion of the Court of Claims, issued November 15, 2016 (Docket Nos. 16-000232-MT and 16-003269-CZ); MFJ Enterprises, Inc. v. Dep't of Treasury , unpublished opinion of the Court of Claims, issued November 9, 2016(Docket No. 16-000214-MZ); Keweenaw Bay Indian Community v. Dep't of Treasury , unpublished opinion of the Court of Claims, issued November 9, 2016 (Docket Nos. 16-000064-MZ, 16-000099-MZ, and 16-000100-MZ).
In 2013, the Legislature enlarged the jurisdiction of the Court of Claims and transferred its locus from the Ingham Circuit Court to the Court of Appeals. See
" 'Notwithstanding' means 'in spite of; without being opposed or prevented by[.]' "
Gray v. Chrostowski
,
We did note in
O'Connell
that the circuit court had exclusive jurisdiction "over the remaining categories of extraordinary writs...."
Id
. at 108,
Even if the TPTA did not provide jurisdictional guidance, an appeal from an administrative agency may be made pursuant to the Administrative Procedures MCL 24.201 et seq., or MCL 600.631, but both also mandate an appeal to the circuit court only.
Teddy 23, LLC
, 313 Mich.App. at 567-568,
The Department also claims that because the TPTA does not provide a standard of review upon which the circuit courts can review the Department's decisions, the Legislature intended an action filed with the Court of Claims as a new claim or demand. The Department provided no support for this proposition, and "[t]his Court is not required to search for authority to sustain or reject a position raised by a party without citation of authority."
Mettler Walloon, LLC v. Melrose Twp.
,
Reference
- Full Case Name
- PRIME TIME INTERNATIONAL DISTRIBUTING, INC., Plaintiff-Appellee, v. DEPARTMENT OF TREASURY, Defendant-Appellant. MFJ Enterprises, Inc., Plaintiff-Appellee, and Maher Jaboro, Plaintiff, v. Department of Treasury, Defendant-Appellant. Keweenaw Bay Indian Community, Plaintiff-Appellee, v. Department of Treasury and State Treasurer, Defendants-Appellants. Keweenaw Bay Indian Community, Plaintiff-Appellee, v. Department of Treasury and State Treasurer, Defendants-Appellants. Keweenaw Bay Indian Community, Plaintiff-Appellee, v. Department of Treasury and State Treasurer, Defendants-Appellants. Chase Cash & Carry, Inc., Plaintiff-Appellee, v. Department of Treasury, Defendant-Appellant. Chase Cash & Carry, Inc., Plaintiff-Appellee, v. Department of Treasury, Defendant-Appellant.
- Cited By
- 11 cases
- Status
- Published