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The Michigan Supreme Court gets ready to hear cases on COVID orders' cost to businesses

Close-up picture of a handwritten sign on a door detailing the business' closing due to Covid restrictions and its possible future plans. There are hangers with t-shirts on the door, and stickers for credit cards and one that says "push."
Sehvilla Mann
/
WMUK
A sign on a business in Kalamazoo photographed March 24, 2020, in the early days of the COVID-19 pandemic shutdown.

More than two years since COVID restrictions on businesses expired, some businesses are still looking for payback from the state.

(MPRN) The Michigan Supreme Court holds its first oral arguments of 2024 on Wednesday. One set of cases addresses whether businesses are owed money for state government-ordered shutdowns and restrictions during the COVID-19 emergency.

Shutdown orders and restrictions were imposed on businesses including bars, restaurants, banquet halls and gyms. The plaintiffs in these cases argue the orders robbed them of earnings.

At issue is whether the COVID orders constituted “takings.” That is a legal term for when a government action unjustly seizes or reduces the value of an asset without compensating the owners.

The plaintiffs — a bowling alley, a fitness center company and a catering business — say COVID restrictions issued early in the pandemic cost them money and for that they deserve compensation. The state argues that the COVID pandemic required dramatic steps to address a public health emergency, but the measures were applied equally across the board.

The state’s position prevailed in two Michigan Court of Appeals decisions. The Supreme Court ordered the arguments in both cases to be heard on the same day. The stakes are high because the plaintiffs say, if they prevail, all businesses like theirs should also be entitled to compensation from the state.

There is no pressing deadline for the Supreme Court to rule, but it will likely take months for the justices to decide the cases.