SHERMAN v. CITY OF ST. JOSEPH

No. 348333.

957 N.W.2d 838 (2020)

332 Mich. App. 626

William SHERMAN, Christopher Wellin, and Fairways at Harbor Shores Association, Plaintiffs-Appellants, v. CITY OF ST. JOSEPH and City of Benton Harbor, Defendants-Appellees.

Court of Appeals of Michigan.

Decided June 18, 2020, 9:05 a.m.


Attorney(s) appearing for the Case

Foster, Swift, Collins & Smith, PC, Grand Rapids (by Laura J. Genovich ), for plaintiffs.

Laurie L. Wightman Schmidt for the city of St. Joseph.

Bloom Sluggett, PC (by Christian K. Mullett , Troy, Jeffrey V. H. Sluggett , and Amy R. Jonker ) for the city of Benton Harbor.

Before: K. F. Kelly, P.J., and Fort Hood and Swartzle, JJ.


The individual plaintiffs in this lawsuit vote in St. Joseph elections but are subject to Benton Harbor taxes. This unusual arrangement is a temporary one and arises under defendants' conditional transfer-of-property agreement. Plaintiffs do not take issue with their right to vote in St. Joseph elections, but they do contend that, because...

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