Legal Opinion

Voigt v. Detroit City

Supreme Court of the United States

Decided February 24, 1902No. 83PublishedCited by 34 opinions

ERROR TO THE SUPREME COURT OF THE STATE OF MICHIGAN. This is a bill in equity brought by plaintiff in error in the circuit court for Wayne County, Michigan, to restrain the sale of his lands for an assessment levied by the city of Detroit, for the city improvements, on the ground that the law under which the assessment was imposed is repugnant to the Fourteenth Amendment of the Constitution of the United States, and that the assessment, therefore, puts a cloud upon…

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ERROR TO THE SUPREME COURT OF THE STATE OF MICHIGAN. This is a bill in equity brought by plaintiff in error in the circuit court for Wayne County, Michigan, to restrain the sale of his lands for an assessment levied by the city of Detroit, for the city improvements, on the ground that the law under which the assessment was imposed is repugnant to the Fourteenth Amendment of the Constitution of the United States, and that the assessment, therefore, puts a cloud upon plaintiff’s title. A demurrer was filed to the bill by defendants, which was sustained, and the bill dismissed. That action was…

1Opinion of the Court

Mr. Justioio McKenna,

after stating the case, delivered the opinion of the court.

The proceedings in this case were had under the provisions of an act of the State of Michigan entitled “ An act to authorize cities and villages to take private property for the use and benefit of the public, and to repeal act No. 26, Public Acts of 1882.” This act is reproduced in the Compiled Laws of Michigan of 1897 as sections 3392 to 3415.

The particular provisions attacked are contained in section 3406 (section 15 of the original act), and are as follows:

“ When the verdict of the jury shall have been finally…

2Cases cited2 opinions

  1. Weyerhaueser v. MinnesotaSupreme Court of the United States · 1900
  2. Beecher v. City of DetroitMichigan Supreme Court · 1892

3Cited by34 opinions

  1. Londoner v. City and County of DenverSupreme Court of the United States · 1908
  2. Ross v. Board of SupervisorsSupreme Court of Iowa · 1905
  3. Chicago, Milwaukee, St. Paul & Pacific Railroad v. RistySupreme Court of the United States · 1928
  4. Elba Township v. Gratiot County Drain CommissionerMichigan Supreme Court · 2013
  5. Erickson v. Cass CountyNorth Dakota Supreme Court · 1903

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