HOUSE v. CITY OF SAGINAW

Docket No. 70, Calendar No. 45,441.

334 Mich. 241 (1952)

54 N.W.2d 314

HOUSE v. CITY OF SAGINAW.

Supreme Court of Michigan.

Decided June 27, 1952.


Attorney(s) appearing for the Case

Murphy & Murphy, for plaintiffs.

W. Vincent Nash, Russell A. Schafer and R. James Harvey, for defendants.

Amici Curiae:

Edward N. Mack, Adrian City Attorney.

Dale H. Fillmore, Dearborn Corporation Counsel.

H. Winston Hathaway, Muskegon Assistant City Attorney.

William J. Balgooyen, Muskegon Heights City Attorney.

William A. Ewart, Pontiac City Attorney.

Richard H. Paulson, Kalamazoo City Attorney.

Roscoe O. Bonisteel.

Ballard, Jennings, Bishop & Fraser.


DETHMERS, J.

The city of Saginaw is a home-rule city. On February 5, 1951, section 45 of chapter 7 of its charter entitled "Adoption of Budget, Tax Limit" provided:

"The council shall, by resolution, determine and adopt the budget and make the appropriations for the next fiscal year and shall provide, by resolution, for a tax levy of the amount necessary to be raised by taxation, which shall not exceed 1 1/2% of...

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