§ 10.5. Limitation on Suits and Actions.  


Latest version.
  • No suit or action of any kind shall be instituted or maintained for the purpose of contesting or enjoining the collection of any special assessment or additional special assessment, (1) unless, within thirty days after the confirmation of the special assessment roll, written notice be filed with the Clerk of intention to file such suit or action, stating the grounds on which it is claimed such assessment is illegal, and (2) unless such suit or action shall be commenced within ninety days after the confirmation of the roll.

Editor's note

This type of section was held invalid as in conflict with the general property tax law (MCL 211.53, MSA 7.97) and the statute of limitations for personal actions (MCL 600.5813, MSA 27A.5813). See Wells v. City of Southfield, 14 Mich. App. 393, and Smuezynski v. City of Warren, 14 Mich. App. 464.