Eggermont v. City of Clawson

Plaintiff landowners brought this action in Oakland County Circuit Court, challenging a special assessment to finance the widening of the road on which their property fronts. Trial on the merits resulted in judgment for two of the plaintiffs. Defendants appeal, claiming that the trial court erred in finding that no special benefit accrued to plaintiffs as a result of the road improvement. Because of the peculiar procedural posture of this case, we reverse without considering the merits and remand to the Tax Tribunal.

Although the complaint in this action was filed in 1972, trial was not had…