MI: Wayne County $500 million transit millage on ballot after lawsuit dismissed
A $500 million Wayne County Public Transportation millage will appear on the Aug. 4 ballot after a judge dismissed a lawsuit seeking to block it.
Wayne County Circuit Judge Kathleen McCarthy dismissed a lawsuit filed by a group of residents opposed to the countywide millage. Her ruling means 17 Wayne County communities that are not part of the Suburban Mobility Authority for Regional Transportation (SMART) bus system will vote on the proposed tax. If approved, property owners in those communities, including Detroit, would pay a new millage, while owners in communities that are part of the bus system would not.
The proposed transit millage would amount to about $8 a month for a home with a taxable value of roughly $100,000, officials have previously said. The 10-year millage would generate about $50 million annually, and revenue collected in Detroit would stay in the city. Officials argue it will help close the service gaps for communities without the SMART transit service.
The transit system includes a fixed bus route, connector service for seniors and people with disabilities and on‑demand microtransit in specific areas.
Detroit is among those currently opting out, but both DDOT and SMART operate bus service in the city. In 2024, Gov. Gretchen Whitmer signed a law ending the ability of Wayne County communities to opt out of the transit millage that funds SMART.
Read more: Lawsuit seeks to stop proposed $570M Wayne County transit tax - mlive.com
There has been resistance to the proposal, though. A group of Wayne County residents, including a group called Not Smart Wayne, filed a lawsuit over an alleged lack of transparency from the county on getting the millage on the Aug. 4 ballot. The group said the county was intending to “confuse voters” with its language in the new proposal. Plaintiffs allege the Wayne County Transit Authority failed to properly notify the public about a March 19 meeting where ballot language was approved.
They also argued the millage was too costly and said residents did not want it, according to a complaint filed Friday, May 8, in Wayne County Circuit Court.
“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,” Wayne County Executive Warren C. Evans said in a statement to MLive. “Confusing the voters has never been a tactic we used, nor would such a tactic benefit our efforts in any way. Our only objective has always been to provide the best transportation options to as many Wayne County residents who need it.”
McCarthy sided with the county, denying the plaintiffs’ motion due to a lack of evidence. She said the plaintiffs could not show irreparable harm.
“The speculative harms described by plaintiffs are outweighed by the public interest in ensuring that voters have the opportunity to decide on lawful proposals,” McCarthy said in the order, according to the Detroit Free Press.
Plaintiffs said they were disappointed by the judge’s ruling and disagreed with her determinations. Plaintiff Matthew Wilk said they planned on potentially appealing the decision and looked forward to informing voters on the ballot proposal, according to the Free Press.
If approved and levied, the revenue would then be distributed to Wayne County, SMART, DDOT and other community and regional transit providers and is estimated to generate around $57 million in the first year. The millage is for 10 years.
Out of Wayne County’s 43 communities, 17 “opt out” of the SMART system. Detroit is one of those opt-out municipalities, but DDOT and SMART still operate buses in the city.
These communities are not currently in the SMART system: Belleville, Brownstown Township, Canton, Detroit, Flat Rock, Gibraltar, Grosse Ile Township, Huron Township, Livonia, Northville, Northville Township, Plymouth, Plymouth Township, Rockwood, Sumpter Township, Van Buren Township and Woodhaven.
If the millage passes in August, SMART will add route extensions into underserved suburbs of Wayne County, such as Canton Township, Plymouth Township and Livonia.
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