Colonial Townhouse Cooperative, Inc. v. City of Lansing

Plaintiffs’ original complaint sought a writ of mandamus to compel the defendant city to adopt a resolution, which plaintiffs say is mandated by the statute hereinafter cited, that would afford plaintiffs a tax exemption on the property involved. During the pendency of the action, the taxes fell due, and plaintiffs paid them under protest. Thereafter, plaintiffs’ complaint was amended to seek recovery of the taxes paid under protest. Defendants moved for summary judgment, which was granted.

On appeal, plaintiffs pose the following issue:

“Are the provisions of § 15 (MCLA § 125.1415; Stat Ann…