Malburg v. City of Sterling Heights

On Remand

Before: M. J. Kelly, P.J., and Shepherd and C. W. Simon,* JJ. Shepherd, J.

This case is before this Court on remand pursuant to an order of the Supreme Court. Malburg v Sterling Heights, 422 Mich 925 (1985). We find that plaintiffs’ complaint was timely filed in the circuit court and the limitation period tolled in the Tax Tribunal. Accordingly, the case is remanded for further proceedings in the Tax Tribunal.

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Plaintiffs, owners of property along Schoenherr Road in the City of Sterling Heights, brought an action against the city, seeking injunctive relief from a special assessment for…