Legal Opinion

Power v. City of Detroit

Michigan Supreme Court

Decided February 4, 1905No. Docket No. 1PublishedCited by 9 opinions

Cross-appeals from Wayne; Rohnert, J. Bill by William. H. Power and others against the city of Detroit and Albert Stoll, receiver of taxes, to set aside an assessment of benefits on opening a street. From the decree rendered, all parties appeal.

1Opinion of the CourtMoore, C. J.

This is a suit to set aside assessments made on complainants’ lands because of the opening of Warren avenue. The decree below sustained the assessments, providing, however, for their reduction by their respective proportions of the sum of $850 unlawfully included in the original assessment, and further provided that the assessments so reduced might be paid without interest or penalties within 60 days after the final determination of the cause.

Complainants claim the decree should set aside the assessments. The defendants claim that, while the pro rata reduction of the assessments was proper,…

2Cases cited17 opinions

  1. Taylor v. SecorSupreme Court of the United States · 1876
  2. C. R. & M. R. R. v. Carroll Co.Supreme Court of Iowa · 1875
  3. Brown v. City of Grand RapidsMichigan Supreme Court · 1890
  4. Peninsula Iron & Lumber Co. v. Township of Crystal FallsMichigan Supreme Court · 1886
  5. Powers v. City of Grand RapidsMichigan Supreme Court · 1894

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3Cited by9 opinions

  1. McCaw Keating v. Tax Com'r FaseHawaii Supreme Court · 1953
  2. New York Central Railroad v. City of DetroitMichigan Supreme Court · 1958
  3. Graham v. City of Grand RapidsMichigan Supreme Court · 1914
  4. Posselius v. City of DetroitDistrict Court, E.D. Michigan · 1930
  5. Washington Water Power Co. v. Kootenai CountyCourt of Appeals for the Ninth Circuit · 1921

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