Kadzban v. City of Grandville

I concur in the judgment of the majority. I would, however, remand the case for factual supplementation of the issue of proportionality.

According to Dixon Rd Group v Novi, 426 Mich 390, 401; 395 NW2d 211 (1986), "there must be some proportionality between the amount of the special assessment and the benefits derived therefrom.”1 If we are to recognize a presumption of validity in favor of municipalities in matters of special assessments, then the proportionality issue as outlined in Dixon must be subsumed into such a presumption. To hold otherwise would be to make a nullity of the…