Emerick v. Saginaw Township

This action was brought in the Circuit Court for the County of Saginaw to challenge special assessments levied on the property of the plaintiffs in connection with the improvement of the McCarty Road Drain. On October 15, 1979, the circuit court entered an order granting accelerated and summary judgment on the ground that plaintiffs failed to comply with the statute of limitations. The trial court denied a motion for rehearing. Plaintiffs appeal as of right.

Certain allegations of fraud were made in the plaintiffs’ complaint and will be discussed below. As an initial note, this Court will…