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HUDSON-WEBBER REALTY CO. v. CITY OF SOUTHFIELD

Docket No. 4,800.

18 Mich. App. 66 (1969)

170 N.W.2d 510

HUDSON-WEBBER REALTY COMPANY v. CITY OF SOUTHFIELD

Michigan Court of Appeals.

Decided June 25, 1969.

Attorney(s) appearing for the Case

Fischer, Sprague, Franklin & Ford (George Hogg, Jr., and Francis E. Bentley, of counsel), for plaintiff.

Miller, Canfield, Paddock & Stone (Stevan Uzelac, of counsel), for city of Southfield and Clara Lane, treasurer of city of Southfield.

Burton R. Shifman, for Oak Park School District.

Robert P. Allen, Corporation Counsel, and Hayward Whitlock, Assistant Corporation Counsel, for the county of Oakland.

Condit, Denison, Devine, Porter & Bartush, for Oakland Community College District.

Peter M. Mann, for Oakland Schools Intermediate School District of Oakland County.

Before: LESINSKI, C.J., and QUINN and DANHOF, JJ.

DANHOF, J.

Plaintiff commenced an action for refund of property taxes paid under protest as permitted under the authority of § 53 of the General Property Tax Act,1 a part of which provides that a person paying under protest may sue for the amount paid and recover if the tax or special assessment is shown to be illegal. There was a trial court judgment of no cause of action.

On appeal plaintiff contends that the so-called ...

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