Legal Opinion · Dissent

Spoon-Shacket Co. v. County of Oakland

Michigan Supreme Court

Decided June 5, 1959No. Docket 42, Calendar 47,703Published

1DissentKelly, J.

The chancellor found:

“Although plaintiff must be charged with constructive knowledge of the existence and amount of the 1956 assessment, it did not receive a tax statement from the new city in that year and, hence, did not have actual knowledge of the excessive assessment until April, 1957, when it attempted to pay the tax on one of the lots. It then offered to pay the tax to the *169comity treasurer under protest but that offer was refused. Obviously and it is conceded, the plaintiff neither appeared before the board of review nor made prior inquiry at the city offices in regard to the…

2Cases cited11 opinions

  1. C. F. Smith Co. v. FitzgeraldMichigan Supreme Court · 1935
  2. Consumers Power Co. v. County of MuskegonMichigan Supreme Court · 1956
  3. First National Bank v. Township of St. JosephMichigan Supreme Court · 1881
  4. Langford v. Auditor GeneralMichigan Supreme Court · 1949
  5. Bateson v. City of DetroitMichigan Supreme Court · 1906

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