MI: SMART bus tax stays on Wayne County ballot after judge tosses lawsuit

A Wayne County judge dealt a blow Monday to a group fighting to keep a proposed millage renewal and expansion of Wayne County's SMART bus service off the August ballot.

Wayne County Circuit Court Judge Kathleen M. McCarthy dismissed the case Monday, according to officials with the effort, known as Not SMART Wayne.

In a lawsuit filed last month, the group contended the Wayne County Transit Authority didn't give proper legal notice of a March 19 meeting where the body approved the ballot language, allegedly violating the Open Meetings Act. Not SMART Wayne also alleged that the ballot language itself is "misleading, prejudicial, and unlawful."

“We are disappointed with the judge’s ruling. The judge acknowledged that Wayne County did only the bare minimum when advertising this meeting, and even pointed out that they should probably establish a website," said Matthew J. Wilk, one of several Wayne County residents named as a plaintiff in the suit. "All of this underscores the fact that the average resident in Wayne County had no idea this meeting was taking place.”

It would mean 17 cities in Wayne County, Michigan's most populated county would vote on the millage for the first time on Aug. 4. Wayne County has, until now, allowed cities to choose not to participate in the approximately 1-mill property tax for SMART bus funding. But the Legislature passed a bill in 2024 prohibiting the county's communities from opting out, which Gov. Gretchen Whitmer signed in January 2025.

Wayne County Executive Warren C. Evans said he was pleased by the court's decision.

“Contrary to the allegations brought by this lawsuit, there was never any failure to comply with the Open Meetings Act, nor was there any violation of Michigan election and tax laws, and the court agreed," Evans said in a statement. "Confusing the voters has never been a tactic we used, nor would such a tactic benefit our efforts in any way."

Wayne County voters will decide on the collection of a property tax of just below 1 mill over a 10-year period. It would generate around $57.6 million in its first year.

The issue is up for vote because of the previous ability to opt out of the tax. Since the millage was first put to voters in the mid-1990s, the 17 Wayne County cities have historically opted out of participation.

Oakland County voters approved a similar countywide tax in 2022. Macomb County has never allowed individual municipalities to opt out of its tax for SMART.

Wayne County officials say the millage will cost an average county household $8 per month, which they say is a fair price for a service that's crucial to people who require public transit, including seniors, people with disabilities or special needs, and people who lack a driver's license.

The millage was first passed by voters in 1995. It has come up for renewal every four years since, but this year the ballot question asks Wayne County voters to renew it for 10 years. The system operates 47 routes and has about 9 million passengers each year.

Opponents including Not SMART contend that buses have low ridership and generate too little funding from fares to make the millage a worthy taxpayer investment.

The group said it is considering an appeal of Monday's decision.

"Meanwhile, we look forward to taking this directly to the voters, explaining exactly what they are voting on, and allowing them to make an informed decision,” Wilk said.

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