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COLONIAL TOWNHOUSE CO-OP. INC. v. CITY OF LANSING

Docket No. 8,191.

25 Mich. App. 24 (1970)

181 N.W.2d 2

COLONIAL TOWNHOUSE COOPERATIVE, INC. v. CITY OF LANSING

Michigan Court of Appeals.

Decided June 26, 1970.

Attorney(s) appearing for the Case

Glassen, Parr, Rhead & McLean (Gurwin & Snyder, of counsel), for plaintiffs.

Oskar M. Hornbach, City Attorney, and Lawrence C. Reddy, Assistant City Attorney, for defendants.

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

QUINN, J.

Plaintiffs' original complaint sought a writ of mandamus to compel the defendant city to adopt a resolution, which plaintiffs say is mandated by the statute hereinafter cited, that would afford plaintiffs a tax exemption on the property involved. During the pendency of the action, the taxes fell due, and plaintiffs paid them under protest. Thereafter, plaintiffs' complaint was amended to seek recovery of the taxes paid under protest. Defendants moved for...

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