MICHIGAN'S ADVENTURE, INC. v. DALTON TP.

Docket Nos. 283770, 283869.

782 N.W.2d 806 (2010)

287 Mich. App. 151

MICHIGAN'S ADVENTURE, INC. v. DALTON TOWNSHIP. Essex v. Dalton Township.

Court of Appeals of Michigan.

Decided January 14, 2010, at 9:00 a.m.


Attorney(s) appearing for the Case

Parmenter O'Toole (by John C. Schrier and Adam G. Zuwerink), Muskegon, for Michigan's Adventure, Inc.

Miller Johnson (by J. Scott Timmer), Grand Rapids, for Bruce J. Essex and others.

Craig A. Rolfe, PLLC (by Craig A. Rolfe), and James W. Porter, P.C. (by James W. Porter), Kalamazoo, for Dalton Township.

Williams, Hughes & Cook, PLLC (by Douglas M. Hughes and Eric C. Grimm), Muskegon, for Muskegon County.

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


BANDSTRA, J.

In these consolidated cases and appeals, plaintiffs are taxpayers who own real property against which defendant Dalton Township imposed what it called a "special assessment" to raise money for a sewer project. The primary issue raised on this appeal, the resolution of which disposes of the appeals, is one of jurisdiction: did the lower court here have jurisdiction to decide whether the special assessments were properly imposed on plaintiffs or, instead...

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