MI: Wayne County sued over 'secret' bus tax meeting

A group of Wayne County residents filed a lawsuit claiming the county and Board of Canvassers approved ballot language for a proposed $570 million bus tax they say occurred during an illegal secret meeting in March.

The lawsuit, filed Friday in Wayne County Circuit Court, seeks to have a Circuit Court judge declare that the Wayne County Transit Authority violated Michigan's open meetings law when it approved language for a countywide millage that would subsidize SMART bus services, and for the judge to invalidate any actions the authority took during the March meeting.

When a public body holds meetings, it is supposed to notify the public in advance of the date, time and agenda so they can attend or comment.

Attorney Matthew Wilk, who filed the lawsuit, said he was keeping an eye on the Wayne County Transit Authority's website for notice about a meeting where they were talking about the proposed millage language, but he never saw one.

When he filed a public records request, the response from the county claimed it did not have records corresponding with his request for a calendar or schedule with dates and times of future meetings.

Wilk learned about the transit authority's March 19 approval of the SMART millage renewal ballot language the next day, when a transit advocacy group made a social media post about it, according to the lawsuit.

“Residents were deliberately kept in the dark. The law requires transparency, honesty, and public participation, especially when a government body is attempting to impose a new tax," Wilk said in a statement. "Instead, the WCTA hid its actions, denied FOIA requests, and approved ballot language that misleads voters about the true nature of this tax. Over one million residents in opt‑out communities would be hit with a brand new tax, yet the ballot language falsely claims it is a replacement. That is unacceptable.”

Assad Turfe, chairman of the Wayne County Transit Authority, said in a statement that the county has not been served with the suit.

“Once served, we will vigorously defend any allegations and remain confident the facts and truth will come to light through the legal process," Turfe said in the statement. " The Wayne County Transit Authority has been transparent and followed all disclosure and notice requirements under Michigan law. Public transit provides an affordable transportation option for tens of thousands of Wayne County residents at a time of rising gas prices and car insurance. We will not be intimidated or deterred from our mission of preserving an important lifeline for seniors and people with disabilities who cannot easily drive on their own.”

The Wayne County Board of Canvassers and SMART did not respond for comment.

In January 2025, Wayne County Executive Warren Evans said voters should be allowed to decide where they stand on transit.

Prior to 2024, state law allowed for communities to choose if they wanted to participate in the SMART bus system. There were 17 communities that opted out of SMART, including Detroit — which has its own bus system — Canton Township, Flat Rock and Livonia. In early 2025, Gov. Gretchen Whitmer signed a bill removing opt-out rights for communities in Wayne County.

Wilk said he and the five other residents suing are opposed to the millage because of excessive costs, low ridership and negative effects to the community.

Wilk alleges in the lawsuit the case has the ability to "affect how millions of Michiganders participate in this state's direct-democracy process." He alleged Wayne County and SMART failed to comply with the spirit of numerous laws. "At bottom, this case is about secret, undisclosed government actions that were hidden from the very public they are intended to affect, contrary to law."

He also said in the lawsuit that the transit authority violated election law by using confusing language that would allegedly prejudice voters in favor of the proposal, including by mentioning transportation for seniors, for which the budget for senior transportation with SMART makes up less than 1% of the money sought in the millage.

The proposal would replace a 2022 millage for the 23 communities that opted into SMART bus services, but it would be a new tax for the 17 cities and townships that opted out of it, according to the lawsuit. The lawsuit alleges that because of this, the single-question proposal violates the property tax act, as the transit authority is required to submit two questions: one for the communities that would be voting to renew a tax and one for those that would be voting on a new millage.

Currently, the property tax supporting SMART rests at about 1 mill and will come up for a countywide renewal vote in August 2026.

Wilk and the others suing are asking for the judge to declare the county's actions illegal and find that the language in the millage violates election law.

Of the 17 opt-out communities, Detroit is the only one that gets SMART bus service, through buses running along major corridors in Detroit's suburbs such as Michigan and Grand River Avenues, despite not paying the 0.994-mill levy.

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