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HomeMy WebLinkAboutResolutions - 1971.02.04 - 16055February 4, 1971 RESOLUTION NO. 5603 RE: REFUND OF 1967 TAXES TO WATERFORD TOWNSHIP BY: FINANCE COMMITTEE- Mr. Brennan TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS MR. CHAIRMAN, LADIES AND GENTLEMEN: WHEREAS, certain citizens of Waterford Township paid their 1967 taxes under protest and instituted suit in the Circuit Court for the County of Oakland for refund of said taxes; and WHEREAS, the Circuit Court for the County of Oakland, in the cause Rowley, et al., vs. Charter Township of Waterford, being Cause No. 68-42691, held that the taxes levied against the Plain- tiffs in that cause were illegal and ordered that said taxes be refunded; and WHEREAS, the total amount of taxes to be refunded is $8,772.66; and WHEREAS, the Township of Waterford has requested each of the various taxing authorities to pay their proportionate share of the refund; and WHEREAS, your Committee believes it would be just and equitable that the County of Oakland pay its proportionate share of the refund which share is $1,096.00. NOW THEREFORE BE IT RESOLVED that the Treasurer of the County of Oakland be and he is hereby authorized to refund the proportionate share of the 1967 taxes in the amount of $1,096.00 which were de- clared to be illegal in Cause No. 68-42691, Rowley, et al., vs. Charter Township of Waterford, a copy of said Judgment is attached hereto. / /James M. Brennan, .chairman - Dale C. Burly Delos Alexander C. Perinoff MR. CHAIRMAN, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE PLAINTIFF Dunstan Dunstan Rowley Marietta Wiltse Arthur Ccmpton STATE OF M'JICHIOAN THE CIRCUIT COURT FOR ME COUNTY OF OAKLAND RALPH H. IMWLEY et al, Plaintiffs, THE THE CHARMR TOWNSHIP . OF WATERFORD, a Michigan Charter Townshi, Defendant. NO 68-42691 / JUDGMENT At a session of said Couot held at the Court House in the City of,,Poneiac, Oakland County, Michigan on the//:y of December, 1970, PRESENT: HONORABLE PHILIP PRATT, CIRCUIT JUDGE. This matter having been brought on to trial as a conte3ted matter, tIe Court having taken proofs in Open Court on the Iarieus issues raised by the pleadings and briefs filed herein, the Court having ta ,:en all matters under advisement for a studied opinion, and the Curt being fully advised in the premises; IT IS' THEREFORE ORDERED AND ADJUDGED that the assessed valua- tion of trie following Plaintiffs properties for the taxabl--e, year_ 1967, for which the Plaintiffs have paid their taxes under 2rotest shall be 5.s follows, to-wit: 1967 ASSEF3ED PRCPERTY VALUATICN Lot 32, tunny Slope $ 2,400.0C Part of Lot 36, Sunny Slope $ 2,500.0C Lot 13 1L Woodhull Lake $ 3,100.0C Lot 137, Eyster's Woodhull Lake $ 2,8•1)0.0 Lot 133. Eyster's Woodhull Lake $ 2,500,0C Lot 54, Elizabeth Lake Subdivisf_On $ ,200.0( • PLAINTIFF PEG 1 .1. r "\TT-70: L. A. Compton Lot 15, S :Duth Point 150.00 5,300.00 7,900.00 2,500.00 200.00 200.0C 4P Lot 280, Lake Oakland Heights Lots 353 and 354, 'Meyer- trig Land L!ompany Sub. Lot 235, Furon Gardens 8ubdivisi,J1 Lot 236, Huron Gardens Subdivisln 506.00 3,400.o0 8,000,10 7,000.)0 $ 15,500.10 50.00 each Lot Page 2 ) Judg,76nt Arthur Compton Lot 4, et;., Silver Heights Sur)division $ 12,800.00 harlie Arnold Bernard Bearman Bernard •earman harlie Arnold John Lauinger John Lauinger John Lauinger Phillip Collins John Rennic John Rennie Yuille Yuille Yuille Jennie K(ppleman Lot 5, Su)ervisor's Plat 19 $ 3,600.00 Lot 111, Silver Lake Subdivisiol Section 12, Waterford Township Part of Lot 6, Super- visor's Mat 19 Superviscr's Flat No. 27 Lot 4, Supervisor's Plat No, 27 Lot 5, Stpervisor's Plat No. ;7 Lot 131, Eyster's, Woodhull lake $ 2,500.0(.i Lots 218 & 239, Huron Gardens S_tbdivision Lots 281 thru 310 and Lots 313 ;hru 331 of Crescent ',ake Estates Subdivision IT FURTHER ORDERED AND ADJUDGED that the Defendant, thru it's appropriate officials and ants, shall re-snread thE taxes for the taxable year 1967 of the Plaintiffs aforedeseribd pro- perty usThg a State Equaliins Factor of 2.13; provided, lowever, that the amount of Township Tax ie:hich may he spread on thf.: ntate Equalize ,' Value of the aforedescIlbed property shall be Lprited Page. 3, Jvdgm ,:nt to 33 Mills, and all other municipal a57,eneies shall . have t-11 ,7 same millage applied to the State Equalized Valuation as was oriJOnally applied by the Defendant in this particular cause of acti.on, IT IS FURTHER ORDERED AND ADJUDGED that the "excess of roll" for the tax year 1967 as levied and spread by the Defendant is valid and proper. IT IS FURTHER ORDERED AND ADJUDGED that the Court bein; of the opinion that there were not sufficient proofs submitted to It to permit a definitive factual basis for determination, it will there-- fore decline to rule on the issue of whether or not all per-7onal property located within the confines of Waterford Township imst be assessed by said Township and will therefore order that Plaintiff, Becker Shoe Corporation, be awardeci a rebate in the amount of One (1) kill of the taxes paid by it under protest, representing the amount of Township Tax which may be validly spread against said Plaintiff's personal property. IT 13 FURTHER ORDERED AND ADJUDGED that the Defendant had no authority to levy the One (1) Mill Tax allocated to it by the Oak- land County Tax Allocation Board and all Plaintiffs shall 1-ave . this amount of tax refunded to the ..-a. IT I FURTHER ORDERED AND ADJUDGED that after the Defcndant, thru it's agents and officials, shall have re-spread the taxes for the year 1967 based upon the aforesaid total assessed valuitions of all tiTa Plaintiffs' real properties in accordance with he sta- tutes mate and provided therefor and in accordance with th ,, judg- ment and opinion of this Court that said Defendant shall r-mft the excess ol the taxes paid by the Plaintiffs under protest t: their attorney, Paul M. Mandel, and that all remittances shall bi made payable to said Paul M. andel. IT FURTHER ORDERED AND ANUDOED that the Plaintiff :i shall have thef.r costs taxed in the amount of $ CIRCUIT JUDGE. Moved by Brennan supported by Simson the resolution be adopted. A sufficient majority having voted therefor, the resolution was adopted.