Sanger v. Township Board of Brownstown
Michigan Supreme Court
Error to Wayne (two cases); Steere and Hosmer, JJ. Petition by John P. Sanger and others for the opening of a highway in Brownstown township. The township board, upon appeal, reversed the finding of the commissioner that the proposed highway was a public necessity, and Sanger removed the proceedings to the circuit court by certiorari, where the decision of the board was set aside, but “without prejudice to prior proceedings.”
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Error to Wayne (two cases); Steere and Hosmer, JJ. Petition by John P. Sanger and others for the opening of a highway in Brownstown township. The township board, upon appeal, reversed the finding of the commissioner that the proposed highway was a public necessity, and Sanger removed the proceedings to the circuit court by certiorari, where the decision of the board was set aside, but “without prejudice to prior proceedings.” Meanwhile the board again decided against the necessity of the highway, and, upon a second writ of certiorari to the circuit court, that decision was affirmed. Sanger…
1Opinion of the CourtHooker, J.
Between Lake Erie and a road running parallel with the shore, known as the “River Turnpike,” there are four parcels of land upon the south of the projected highway involved in this proceeding, and one to the north of it. Upon the south, Sanger, the plaintiff in certiorari, owns 80 acres of land bordering upon the lake, which is used for summer-resort purposes. West of him are two 80-acre parcels, owned by Wyman, and west of these .a parcel owned by Quick. On the north side Wyman owns the land from the highway to the lake. On January 25, 1897, a petition, signed by 18 freeholders of the…
2Cases cited2 opinions
- Brazee v. RaymondMichigan Supreme Court · 1886
- People ex rel. Tefft v. Township BoardMichigan Supreme Court · 1878
3Cited by2 opinions
- Loomis v. HartzMichigan Supreme Court · 1911
- Crampton v. City of Royal OakMichigan Supreme Court · 1961