Michigan Supreme Court Strikes Down Controversial ‘Dark Store’ Tax Appeal

LANSING — The Michigan Supreme Court on Friday denied an appeal from big box retailer Menard Inc., effectively ending the so-called “dark store” practice of property valuation in the state.

In an order handed down today, the state’s Supreme Court denied Menard Inc.’s request for an appeal in its lawsuit against the city of Escanaba because the justices felt they were “not persuaded that the questions presented should be reviewed by this Court.”

The order upholds a May 2016 ruling by the Michigan Court of Appeals, stating that the Michigan Tax Tribunal erred in its ruling against the city of Escanaba in an appeal of the property tax assessment on a Menards store that was based on the dark store theory.

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