In Re Petition of Hendricks to Vacate Street

ON REHEARING.

Our former opinion in this case is reported in 248 Mich. 124. This opinion is on rehearing.

Does the following provision in the charter of the city of Grand Rapids render the rule we announced inapplicable? The charter provides:

"The city commission shall not possess the power to give away, surrender or relinquish the control of any street, lane, alley, court, public square or place or create any permanent use thereof for any other purpose than for street or public uses, except by regular vacation proceedings in a proper court of record."

In the brief of counsel for petitioner,…