Axtell v. City of Portage

Plaintiffs filed suit July 23,1968, against the City of Portage and its treasurer, Donald Gage, seeking a circuit court judgment declaring a special assessment to improve Kilgore Road unlawful, and an injunction against both defendants from collecting such special assessment. The City of Kalamazoo petitioned to intervene as a party defendant, and the petition was granted on October 11, 1968. After a six-day nonjury trial, judgment was entered November 7, 1969, dismissing plaintiffs’ complaint. Plaintiffs appeal to this Court as of right.

Sometime in 1966, the Kalamazoo County Road Commission…