Legal Opinion · Dissent

Halabu v. Behnke

Michigan Court of Appeals

Decided September 26, 1995No. Docket 169054Published

1DissentSmolenski, J.

I respectfully dissent. I construe the phrase "within the period herein specified” in the second sentence of the second paragraph of § 73a of the General Property Tax Act, MCL 211.73a; MSA 7.119, as providing for a five-year period. I disagree with the majority that such a construction renders this phrase surplusage or nugatory when read in conjunction with the second sentence of the first paragraph of § 73a.

The language of the first paragraph’s second sentence provides that a tax title purchaser is barred from asserting title if the purchaser fails to give the required notice within five…

2Cases cited6 opinions

  1. St. Helen Resort Ass'n v. HannanMichigan Supreme Court · 1948
  2. Andre v. FinkMichigan Court of Appeals · 1989
  3. Adair v. BonninghausenMichigan Supreme Court · 1943
  4. Brousseau v. ConklinMichigan Supreme Court · 1942
  5. Closser v. AbrahamMichigan Supreme Court · 1938

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