City of Kalamazoo v. Perrin

The plaintiff city sues to recover the sum of $126.56; said sum having been assessed against land owned by the defendant abutting West Main street in said city for repaving and resurfacing said street. .

With his plea of the general issue, defendant filed a notice of special defenses. Defendant contends, in effect, that the city was without authority to assess abutting property owners for reconstruction and repaving of the street, and, if it had such authority, it was not properly exercised. The trial judge in his opinion made the following statement:

*486“Upon the oral argument it was not only…