Peck v. City of Grand Rapids
Michigan Supreme Court
Appeal from superior court of Grand Rapids; Newnham, J. Bill by Thomas M. Peck and Roger W. Butterfield against the city of Grand Rapids to set aside a special assessment. From a decree dismissing the bill, complain-, ants appeal.
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Appeal from superior court of Grand Rapids; Newnham, J. Bill by Thomas M. Peck and Roger W. Butterfield against the city of Grand Rapids to set aside a special assessment. From a decree dismissing the bill, complain-, ants appeal. The common council of the city of Grand Rapids adopted the following resolution: “Resolved, by the common council of the city of Grand Rapids, that the grading and graveling of Butterworth avenue, a public street in the' city of Grand Rapids, from the west line of South Lane avenue, formerly Shepard street, a public street in said city, to the west city limits of…
1Opinion of the CourtGrant, J.
(after stating the facts). The only question to determine is, Can the common council construct a' sewer under the guise of grading and graveling a street ? The charter of the city confers no such authority. Under the act of 1873 providing for a board of public works in and for the city of Grand Rapids, “said board is empowered to determine and establish the grade lines of all streets; * * * to locate all necessary sewers; * * * to cause to be graded, graveled, paved, planked, or covered with other materials all such streets, * * * and to construct all such main and lateral sewers, * * * as…
2Cases cited5 opinions
- Hoyt v. City of East SaginawMichigan Supreme Court · 1869
- Clay v. City of Grand RapidsMichigan Supreme Court · 1886
- White v. City of SaginawMichigan Supreme Court · 1887
- Nelson v. City of SaginawMichigan Supreme Court · 1895
- Brown v. City of SaginawMichigan Supreme Court · 1895
3Cited by5 opinions
- Attorney General ex rel. Brotherton v. Common CouncilMichigan Supreme Court · 1907
- City of Beaumont v. PriddieCourt of Appeals of Texas · 1933
- Gates v. City of Grand RapidsMichigan Supreme Court · 1903
- Evans v. City of HelenaMontana Supreme Court · 1921
- McKee v. City of Grand RapidsMichigan Supreme Court · 1918