REMA VILLAGE MOBILE HOME PARK v. ONTWA TWP.

Docket No. 276506.

748 N.W.2d 896 (2008)

278 Mich. App. 169

REMA VILLAGE MOBILE HOME PARK, d/b/a Eagle Lake Estates, Petitioner-Appellant, v. ONTWA TOWNSHIP, Respondent-Appellee.

Court of Appeals of Michigan.

Decided March 11, 2008, at 9:05 a.m.


Attorney(s) appearing for the Case

Bator Berlin, P.C. (by Gregory J. Bator and Christian A. Lobb), Birmingham, for the petitioner.

Westrate & Thomas (by Mark A. Westrate) and Braun Kendrick Finkbeiner, P.L.C. (by Francis J. Keating), Dowagiac, Saginaw, for the respondent.

Before: O'CONNELL, P.J., and BORRELLO and GLEICHER, JJ.


O'CONNELL, P.J.

Petitioner appeals as of right a November 6, 2006, order of the Tax Tribunal denying petitioner's motion for a refund of amounts it had paid under an invalid special assessment, even though we issued a prior decision in petitioner's favor. We vacate the Tax Tribunal's order and remand this case to the Tax Tribunal for further proceedings consistent with this opinion. This appeal is being decided without oral argument pursuant to MCR 7.214(E).

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