31 N.W.2d 825 (Mich. 1948), 383, City of Berkley v. Royal Oak Tp.

CourtSupreme Court of Michigan
Writing for the CourtDETHMERS, Justice.
JudgeBefore the Entire Bench.
Citation31 N.W.2d 825,320 Mich. 597
Docket NumberMotion No. 383.
Date05 April 1948
PartiesCITY OF BERKLEY v. ROYAL OAK TP. et al. Appeal of CITY OF HUNTINGTON WOODS.

Page 825

31 N.W.2d 825 (Mich. 1948)

320 Mich. 597

CITY OF BERKLEY

v.

ROYAL OAK TP. et al.

Appeal of CITY OF HUNTINGTON WOODS.

Motion No. 383.

Supreme Court of Michigan

April 5, 1948

Page 826

Appeal from Circuit Court, Oakland County; H. Russel Holland, judge.

Proceeding for a writ of mandamus by the City of Berkley, a municipal corporation, and the City of Huntington Woods, as cross-plaintiff, to compel the Township of Royal Oak, City of Royal Oak, City of Ferndale, City of Clawson, City of Hazel Park, municipal corporations, and others, to reassess road and fire protection districts within the township for amounts due from them to the township general fund, and to pay over to plaintiff cities their proportionate share thereof when collected. From an order dismissing the petitions, cross-plaintiff City of Huntington Woods appeals.

Order affirmed.

Before the Entire Bench.

[320 Mich. 598] Arthur E. Moore, of Royal Oak, for cross-plaintiff and appellant, City of Huntington Woods.

Glenn C. Gillespie, of Pontiac, and Franklin E. Morris, of Ferndale, for appellee Royal Oak Tp.

DETHMERS, Justice.

The cities of Berkley and Huntington Woods, hereinafter called plaintiffs, were incorporated on April 18, 1932, and June 22, 1932, respectively, out of territory located in Royal Oak Township, Oakland County, Michigan. Prior thereto the township had been divided into four road districts and also into a special assessment fire protection district. These districts did not include any territory within the plaintiff cities, which then were villages. Taxes were levied in the road districts for road repairs and a special assessment was levied in the fire protection districts for fire protection. While the assessments were adequate, nevertheless, because of delinquencies and defaults, collections were not, with the result that at the time of incorporation of plaintiff cities there had been advanced from the township general fund the sum of $88,132.41 for road repairs in the road districts and $8,387.57 for fire protection in the fire protection district. For none of this was the township general fund ever reimbursed by said districts, the said assessments in that amount continuing uncollected. Were the general fund to be reimbursed from collection thereof in the districts, the plaintiff cities would be entitled to their proportionate share [320 Mich. 599] therein because of their incorporation out of the township. 1 Comp.Laws 1929, § 2250, as amended by Act No. 233, Pub.Acts 1931, Comp.Laws Supp.1940, § 2250, Stat.Ann. § 5.2093. Township of Royal Oak v. City of Berkley, 309 Mich. 572, 16 N.W.2d 83; Township of Royal Oak v. City of Huntington Woods, 313 Mich. 137, 20 N.W.2d 840.

In 1941 the city of Hazel Park was incorporated out of territory in Royal Oak Township included in said fire protection district and in one of said road districts. The cities of Ferndale and Royal Oak in 1940 and 1942, respectively, annexed portions of the township territory included in said road and fire protection districts.

Plaintiff city of Berkley, and the city of Huntington Woods as cross-plaintiff, petitioned the circuit court of Oakland county for a writ of mandamus to compel the defendants, township of Royal Oak and cities of Royal Oak, Ferndale and Hazel Park, to reassess the said districts for the amounts due from them to the township general fund and to pay over to plaintiff cities their proportionate share thereof

Page 827

when collected. From an order dismissing the petitions, plaintiff city of Huntington Woods appeals.

The question raised on appeal is whether reassessments may be made in the road districts and in the fire protection district to repay the overdrafts to the township general fund. Plaintiff states that this action is brought in view of statements pertaining to these overdrafts appearing in our opinion in Township of Royal Oak v. City of Berkley, supra, including the following [309 Mich. 572; 16 N.W.2d 86].

'It is conceded that the city is entitled to insist on such reassessment, and we concur with the holding of the lower court that the city is entitled to its pro rata share of the money when and as collected.'

However, in that case we also said:

'* * * the question of the duty to reassess is not an issue in this case.'

[320 Mich. 600] Plaintiff refers to and quotes in part from the following contained in McFarlan v. Township of Cedar Creek, 93 Mich....

To continue reading

Request your trial
7 practice notes
  • 351 N.W.2d 607 (Mich.App. 1984), 70084, Market Place v. City of Ann Arbor
    • United States
    • Court of Appeal of Michigan (US)
    • May 14, 1984
    ...as an excise tax. Local units of government may impose only those taxes expressly authorized by state statute. Berkley v. Royal Oak Twp., 320 Mich. 597, 601, 31 N.W.2d 825 (1948). The home rule cities act mandates that a home rule city charter include: (1) a provision limiting the subjects ......
  • 339 N.W.2d 310 (S.D. 1983), 13738, Application of Application of Southern Hills Bank of Edgemont
    • United States
    • South Dakota Supreme Court of South Dakota
    • October 26, 1983
    ...erroneous or we are left with a definite conviction that a mistake has been made. Dakota Harvestore v. S.D. Dep't of Revenue, Page 314 31 N.W.2d 828 (S.D.1983); In re Hobelsberger, 85 S.D. 282, 181 N.W.2d 455 (1970). In reviewing the trial court's judgment under the Administrative Procedure......
  • City of Lansing v. Angavine Holding, LLC, 101421 MICA, 353784
    • United States
    • Court of Appeal of Michigan (US)
    • October 14, 2021
    ...taxes, see, e.g., City of Detroit v Detroit Edison Co, 475 Mich. 109, 115; 715 N.W.2d 28 (2006); Berkley v Royal Oak Twp, 320 Mich. 597, 601; 31 N.W.2d 825 (1948) (similar provision in 1908 Constitution). We are not aware of any other private right of a municipality ......
  • 44 N.W.2d 333 (Mich. 1950), 12, City of Pleasant Ridge v. Royal Oak Tp.
    • United States
    • Supreme Court of Michigan
    • October 12, 1950
    ...a case recently decided by us and referred to in the briefs of the parties, City of Berkley v. Township of Royal [328 Mich. 685] Oak, 320 Mich. 597, 31 N.W.2d 825, in which we denied mandamus brought to require reassessment. However, the proceedings in that case were governed by a statute a......
  • Request a trial to view additional results
7 cases
  • 351 N.W.2d 607 (Mich.App. 1984), 70084, Market Place v. City of Ann Arbor
    • United States
    • Court of Appeal of Michigan (US)
    • May 14, 1984
    ...as an excise tax. Local units of government may impose only those taxes expressly authorized by state statute. Berkley v. Royal Oak Twp., 320 Mich. 597, 601, 31 N.W.2d 825 (1948). The home rule cities act mandates that a home rule city charter include: (1) a provision limiting the subjects ......
  • 339 N.W.2d 310 (S.D. 1983), 13738, Application of Application of Southern Hills Bank of Edgemont
    • United States
    • South Dakota Supreme Court of South Dakota
    • October 26, 1983
    ...erroneous or we are left with a definite conviction that a mistake has been made. Dakota Harvestore v. S.D. Dep't of Revenue, Page 314 31 N.W.2d 828 (S.D.1983); In re Hobelsberger, 85 S.D. 282, 181 N.W.2d 455 (1970). In reviewing the trial court's judgment under the Administrative Procedure......
  • City of Lansing v. Angavine Holding, LLC, 101421 MICA, 353784
    • United States
    • Court of Appeal of Michigan (US)
    • October 14, 2021
    ...taxes, see, e.g., City of Detroit v Detroit Edison Co, 475 Mich. 109, 115; 715 N.W.2d 28 (2006); Berkley v Royal Oak Twp, 320 Mich. 597, 601; 31 N.W.2d 825 (1948) (similar provision in 1908 Constitution). We are not aware of any other private right of a municipality ......
  • 44 N.W.2d 333 (Mich. 1950), 12, City of Pleasant Ridge v. Royal Oak Tp.
    • United States
    • Supreme Court of Michigan
    • October 12, 1950
    ...a case recently decided by us and referred to in the briefs of the parties, City of Berkley v. Township of Royal [328 Mich. 685] Oak, 320 Mich. 597, 31 N.W.2d 825, in which we denied mandamus brought to require reassessment. However, the proceedings in that case were governed by a statute a......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT