Diversified Properties, Inc. v. City of Springfield

Plaintiff 1 in this class action appeals from an amended order denying its motion for partial summary judgment. 2 Plaintiff asserts that a resolution which defendant’s city council adopted in 1977 was insufficient to justify the city’s later imposition of a three percent surcharge on the cost of all street assessments financed by Bancroft bonds. The surcharge was imposed to cover administrative costs related to various street projects. We affirm.

In 1977, the Springfield City Council adopted Resolution 77-182, which provides that three percent “shall be computed on and added to the cumulative…