Rogoski v. City of Muskegon

Loretta E. Rogoski filed a complaint alleging that defendants conspired to perpetrate a fraud upon her by agreeing that Elden Nedeau, an assessor for the City of Muskegon, would give false testimony concerning the value of Mrs. Rogoski’s property in a previous condemnation proceeding. The trial court summarily dismissed the suit, holding that, if it was characterized as an independent action for damages it failed to state a cause of action and, if the suit was characterized as an equitable action to set aside the previous judgment, it had to fail because it was untimely and plaintiff had not…