Onen v. Herkimer
Michigan Supreme Court
Appeal from Cass; Des Voignes, J. Bill by Anna F. Onen against George R. Herkimer, mayor of the city of Dowagiac, and others, for an injunction to restrain the construction of a sewer! From a decree for defendants, complainant appeals.
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Appeal from Cass; Des Voignes, J. Bill by Anna F. Onen against George R. Herkimer, mayor of the city of Dowagiac, and others, for an injunction to restrain the construction of a sewer! From a decree for defendants, complainant appeals. Complainant is the owner of an 80-acre farm, located some distance outside the corporate limits of the city of Dowagiac, through which runs a stream known as Dowagiac creek. • Defendants are, respectively, mayor, aider-men, members of the board of public works, of said city, and contractors engaged in constructing a public sewer for the use of the inhabitants…
1Opinion of the CourtBrooke, J.
(after stating the facts). We find no authority, and we are referred to none, justifying the course pursued in this cause.
It is well’settled that a municipality has no more right to invade or cause the invasion of private property than an individual. Rice v. City of Flint, 67 Mich. 401 (34 N. W. 719); Defer v. City of Detroit, 67 Mich. 346 (34 N. W. 680); Seaman v. City of Marshall, 116 Mich. 327 (74 N. W. 484); Ferris v. Board of Education of Detroit, 122 Mich. 315 (81 N. W. 98), and cases cited.
In the case of Wilmarth v. Woodcock, 58 Mich. 482 (25 N. W. 475), this court said:
“ The defendant…
2Cases cited10 opinions
- Ferris v. Board of EducationMichigan Supreme Court · 1899
- Seaman v. City of MarshallMichigan Supreme Court · 1898
- Wilmarth v. WoodcockMichigan Supreme Court · 1885
- F. H. Wolf Brick Co. v. LonyoMichigan Supreme Court · 1903
- Defer v. City of DetroitMichigan Supreme Court · 1887
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Peterman v. Department of Natural ResourcesMichigan Supreme Court · 1994
- Attorney General ex rel. Township of Wyoming v. City of Grand RapidsMichigan Supreme Court · 1913
- Li v. FeldtMichigan Supreme Court · 1992
- Sokel v. NickoliMichigan Supreme Court · 1956
- Jeanne Jones v. City of Farmington HillsMichigan Supreme Court · 2002
4 more not listed; retrieve them via the Exa API.