
    ALEXANDER v. CITY OF DETROIT.
    Municipal Corporations — Taxation—Special Assessments — -Abutting Owners.
    Assessment of plaintiffs’ property for paving and sidewalk taxes, as abutting street, was properly set aside, where five-foot strip of land owned by city lay between street and plaintiffs’ property.
    On effect of intervention of narrow strip owned by third person between the street and property sought to.be assessed, see annotation in L. R. A. 1916B, 1033.
    Appeal from Wayne; Campbell (Allan), J.
    Submitted April 19, 1932.
    (Docket No. 156, Calendar No. 36,346.)
    Decided June 6, 1932.
    Bill by William A. Alexander and another against City of Detroit, a municipal corporation, to set aside a special assessment. Decree for plaintiffs. Defendant appeals.
    Affirmed.
    
      Jorgensen & Alexander, for plaintiffs.
    
      Walter Barlow (Clarence E. Wilcox, of counsel), for defendant.
   Fead, J.

Defendant, by condemnation proceedings, acquired the whole of a certain lot for the purpose of opening and widening an avenue. It used only part of the lot for such purpose, leaving unused a five-foot strip between the street and plaintiffs’ property. It levied special paving and sidewalk taxes, itself paid the assessment on the five-foot strip and assessed plaintiffs as owners abutting the street. Plaintiffs brought this suit to set aside the assessment, restrain its collection, and for other relief appropriate thereto, and had decree.

The case is ruled by Panfil v. City of Detroit, 246 Mich. 149, and the decree is affirmed, with costs.

Clark, C. J., and McDonald, Potter, North, Wiest, and Butzel, JJ., concurred. Sharpe, J.', took no part in this decision.  