Savidge v. Village of Spring Lake
Michigan Supreme Court
Appeal from Ottawa; Padgham, J. Bill by Sarah O. Savidge to enjoin the village of Spring Lake and its officers from expending money in the construction of waterworks. From a decree for complainant, defendants appeal. The object of this suit is to permanently enjoin the defendants from expending money in the erection of waterworks for the defendant village.
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Appeal from Ottawa; Padgham, J. Bill by Sarah O. Savidge to enjoin the village of Spring Lake and its officers from expending money in the construction of waterworks. From a decree for complainant, defendants appeal. The object of this suit is to permanently enjoin the defendants from expending money in the erection of waterworks for the defendant village. The facts as alleged in the bill and sustained by the proofs are sufficiently stated in the decree, as follows: “ The village of Spring Lake is a municipal corporation of this State, organized under Act No. 3, Pub. Acts 1895. The other…
1Opinion of the CourtGrant, J.
(after stating the facts). 1. It is well settled in this State that a taxpayer in the situation of the complainant is entitled to maintain a suit to restrain the illegal action of a municipality in the expenditure of money. Curtenius v. Hoyt, 37 Mich. 583; Callam v. City of Saginaw, 50 Mich. 7; Putnam v. City of Grand Rapids, 58 Mich. 416.
2. Complainant was not estopped from contesting this action of the council under the rule laid down in Lundbom v. City of Manistee, 93 Mich. 170. The election at which the proposition to raise money for the construction of waterworks was defeated, was held…
2Cases cited4 opinions
- Putnam v. City of Grand RapidsMichigan Supreme Court · 1885
- Lundbom v. City of ManisteeMichigan Supreme Court · 1892
- Callam v. City of SaginawMichigan Supreme Court · 1883
- Curtenius v. HoytMichigan Supreme Court · 1877
3Cited by8 opinions
- Menendez v. City of DetroitMichigan Supreme Court · 1953
- Thomas v. Board of SupervisorsMichigan Supreme Court · 1921
- Bates v. City of HastingsMichigan Supreme Court · 1906
- McManus v. City of PetoskeyMichigan Supreme Court · 1911
- Chrysler Corp. v. Unemployment Compensation CommissionMichigan Supreme Court · 1942
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