Clark v. City of South Haven

Plaintiff submitted 6 assignments of error, but for our disposition of this matter it is only necessary to discuss the admitted facts and controverted law related to the first claim of error.

The city of South Haven, a home-rule city, is the owner of an electric generating plant and distribution system which furnishes electric power for the needs of the city and local consumers. This power utility has been in continuous existence and operation for approximately 50 years and has had a progressively successful operation. In 1964 the South Haven board of public works announced that additional…