Upper Peninsula Generating Co. v. City of Marquette

Plaintiff taxpayer appeals from an order dismissing its suit with prejudice. On September 1,1967, plaintiff commenced an action against defendants to recover certain sums paid as ad valorem taxes for the years 1965, 1966 and 1967. Plaintiff contended that the tax millage in excess of the 15 mill limitation imposed by article 9, § 6 of the Michigan Constitution of 1963 was illegal as it had not received the approval of the electorate.

No protest was filed by plaintiff at the time the 1965 and 1966 taxes were paid as required by MCLA §211.53 (Stat Ann 1960 Rev-§7.97). As a result plaintiff…