LEONARD CAPALDI CONTRACTING CO. v. City of Fraser

In 1974, defendant municipality formulated a plan for the installation of sewer and water lines. The plan called for 50% of 1.2 million dollars in improvements to be paid for by the city at large, with the remaining 50% to be paid through proportionate special assessments of the benefited properties included within certain designated districts. The plaintiffs, owners of four parcels of land falling within special assessment districts, filed a complaint in Macomb County Circuit Court asking that their property be stricken from the special assessment rolls. Plaintiffs later conceded that…