Opinion
Docket No. 98, Calendar No. 49,190.
Decided March 19, 1962. Rehearing denied May 17, 1962.
Appeal from Oakland; Dondero (Stanton G.), J. Submitted October 18, 1961. (Docket No. 98, Calendar No. 49,190.) Decided March 19, 1962. Rehearing denied May 17, 1962.
Bill by Harry G. Teschke and other taxpayers, as a class action, against Oakland County Department of Public Works and the Township of Farmington to invalidate assessment in special district. Cross bill by defendants under public securities validation act to ratify proceedings. Publication made and order to show cause served by mail on known property owners. State of Michigan, appearing specially, moved to dismiss cross bill. Motion denied. State of Michigan appeals. Reversed and remanded.
Robert P. Allen ( Dickinson, Wright, McKean Cudlip, of counsel), for defendant and cross plaintiff County of Oakland.
Paul L. Adams, Attorney General, Joseph B. Bilitzke, Solicitor General, and Eugene Krasicky, Assistant Attorney General, for cross defendant State of Michigan.
The questions raised in this case are identical with the first 2 questions answered in the opinion of this Court today released in Ridenour v. County of Bay, 366 Mich. 225. The opinion in Ridenour, supra, disposes of the questions in this case.
The order denying the motion to dismiss by the attorney general is reversed and the case is remanded to the lower court for entry of an order dismissing the cross bill of complaint.
A public question being involved, no costs are allowed.
DETHMERS, C.J., and CARR, KELLY, BLACK, SOURIS, and OTIS M. SMITH, JJ., concurred.
ADAMS, J., took no part in the decision of this case.