KAVANAGH, J.
This law action was brought in the Macomb county circuit court to recover from defendant township the sum of $150 per lot, totaling $8,400, paid by plaintiffs as a privilege fee for "capital improvements." Payments were made under protest and the township was aware of the protest. The payments were in addition to water tap-in fees of $125 per lot paid under the Sterling township water ordinance. The tap-in fees are not involved
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