Grand Trunk Western Railroad v. City of Muskegon

Plaintiff seeks to set aside a judgment of no cause of action entered in Muskegon county circuit court, when it challenged a paving assessment made against it.

In essence, the circuit court judgment requires that the railroad pay a special tax assessment levied against it for the paving of East Laketon avenue in the city of Muskegon in the amount of $5,330.80.

- Appellant railroad operates a line of track over a 66-foot right-of-way which extends along Laketon avenue. The property paved is a 60-foot street right-of-way immediately adjacent to the northerly edge of the railroad’s right-of-way.

The…