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McINTOSH v. CITY OF MUSKEGON

Docket No. 78-733.

88 Mich. App. 30 (1979)

276 N.W.2d 510

McINTOSH v. CITY OF MUSKEGON

Michigan Court of Appeals.

Decided January 3, 1979.

Attorney(s) appearing for the Case

Parmenter, Forsythe, Rude, Van Epps & Briggs, for plaintiffs.

O'Toole, Stevens, Schuler, Johnson, Hipkiss, Piasecki & Knowlton (by Harold M. Strut), for defendant.

Before: D.F. WALSH, P.J., and T.M. BURNS and C.J. BYRNS, JJ.

PER CURIAM.

The issue in this case is whether the defendant City of Muskegon is authorized by 1961 PA 120, MCL 125.981 et seq.; MSA 5.3533(1) et seq., to levy a special assessment on plaintiffs' property to raise funds for the annual operation and maintenance of the Muskegon Mall which was constructed by the city under the act.

Plaintiffs, property owners abutting the mall, filed this action to recover the special assessment tax paid under protest...

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