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NILES TWP. v. BERRIEN CTY. BD. OF COMM'RS

Docket No. 244138.

683 N.W.2d 148 (2004)

261 Mich.App. 308

NILES TOWNSHIP, Plaintiff-Counterdefendant-Appellee, v. BERRIEN COUNTY BOARD OF COMMISSIONERS and Berrien County, Defendants-Counterplaintiffs-Appellants.

Court of Appeals of Michigan.

Decided March 23, 2004, at 9:00 a.m.

Released for Publication June 24, 2004.

Attorney(s) appearing for the Case

Bauckham, Sparks, Rolfe, Lohrstorfer & Thall, P.C. (by James W. Porter), Kalamazoo, for the plaintiff.

Kreis, Enderle, Callander & Hudgins, P.C. (by R. McKinley Elliott, Thomas G. King, and Stacy Soper-Stine), Kalamazoo, for the defendants.

Lynda E. Thomsen, Kalamazoo, for Michigan Townships Association.

Before: MURRAY, P.J., and MURPHY and MARKEY, JJ.

PER CURIAM.

Berrien County determined that Niles Township could not finance the operation of its fire department by special assessment pursuant to MCL 41.801 et seq. Therefore, the county board of commissioners refused to certify the township's special assessment roll under § 37 of the General Property Tax Act, MCL 211.37. The township sought declaratory relief. The trial court ruled that the township had properly followed statutory procedure and that...

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