METRO HOMES, INC. v. CITY OF WARREN

Docket No. 5,803.

19 Mich. App. 664 (1969)

173 N.W.2d 230

METRO HOMES, INC. v. CITY OF WARREN

Michigan Court of Appeals.

Leave to appeal denied January 26, 1970.

Certiorari denied June 15, 1970.


Attorney(s) appearing for the Case

Ginn & Kramer, Irvin H. Yackness, Nussbaum, Stacey & Munger, and Bodman, Longley, Bogle, Armstrong & Dahling (Michael B. Lewiston, of counsel), for plaintiffs.

Emil E. Cardamone, City Attorney, and Miller, Canfield, Paddock & Stone (George E. Bushnell, Jr., and Gilbert E. Gove, of counsel), for defendants.

Before: McGREGOR, P.J., and FITZGERALD and V.J. BRENNAN, JJ.


Leave to appeal denied January 26, 1970. See 383 Mich. 761.

Certiorari denied by Supreme Court of the United States June 15, 1970.

V.J. BRENNAN, J.

This appeal involves a municipal corporation's effort to retain money collected under an unconstitutional resolution.

On January 13, 1959, the Warren city council created by resolution a "sewer tap charge" applicable to all subsequently built structures connected to the city's sewage system. Existing...

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