Legal Opinion

Schenk v. City of Ann Arbor

Michigan Supreme Court

Decided May 31, 1917No. Docket No. 137PublishedCited by 22 opinions

Appeal from Washtenaw; Kinne, J. Bill by Gustave A. Schenk against the city of Ann Arbor for an injunction restraining defendant from taking water from property adjoining plaintiff’s lands. From the decree entered, both parties appeal.

1Opinion of the CourtOstrander, J.

The demand of the inhabitants of the city of Ann Arbor for water for domestic and other purposes exceeds 3,000,000 gallons daily. The municipality owns and operates the water plant supplying water to the inhabitants. Its present used sources of supply are wells, some springs, and the Huron river, which flows through the city. It is dissatisfied with the quantity and the quality of water thus available for the use of the city and its citizens. The charter of the city in terms grants the power to purchase, erect, and maintain grounds and buildings, within or not exceeding three miles outside of…

2Cases cited20 opinions

  1. Katz v. WalkinshawCalifornia Supreme Court · 1903
  2. Bedford Quarries Co. v. BoughIndiana Supreme Court · 1907
  3. Houston & Texas Central Railroad v. EastTexas Supreme Court · 1904
  4. Pixley v. . ClarkNew York Court of Appeals · 1866
  5. Forbell v. . City of New YorkNew York Court of Appeals · 1900

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3Cited by22 opinions

  1. United States Aviex Co. v. Travelers InsuranceMichigan Court of Appeals · 1983
  2. Higday v. NickolausMissouri Court of Appeals · 1971
  3. Horne v. Utah Oil Refining Co.Utah Supreme Court · 1921
  4. Canada v. City of ShawneeSupreme Court of Oklahoma · 1936
  5. Glover v. Utah Oil Refining Co.Utah Supreme Court · 1923

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