Legal Opinion · Concurrence

Kadzban v. City of Grandville

Michigan Supreme Court

Decided June 22, 1993No. 92796, (Calendar No. 8)Published

1ConcurrenceBoyle, J.

I concur in the reasoning and result of the majority’s opinion. I write separately to emphasize that the starting point of analysis in special assessment tax challenges is that there is a presumption that the assessment is reasonably proportionate to the benefits received and is, therefore, valid. Plaintiff subsequently bears the burden of overcoming that presumption. Auditor General v Maier, 95 Mich 127, 131; 54 NW 640 (1893); Crampton v Royal Oak, 362 Mich 503, 514; 108 NW2d 16 (1961). Where there has been no showing of fraud, mistake, discrimination, or a clear absence of benefits claimed,…

2Cases cited5 opinions

  1. Crampton v. City of Royal OakMichigan Supreme Court · 1961
  2. Dixon Road Group v. City of NoviMichigan Supreme Court · 1986
  3. Soncoff v. City of InksterMichigan Court of Appeals · 1970
  4. Frischkorn Investment Co. v. City of DetroitMichigan Supreme Court · 1932
  5. Auditor General v. MaierMichigan Supreme Court · 1893

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