Sullivan v. Bailey
Michigan Supreme Court
Mandamus by William Sullivan to compel Matthew G. Bailey, mayor of the city of Mackinac Island., to execute certain contracts.
Read the full summary
Mandamus by William Sullivan to compel Matthew G. Bailey, mayor of the city of Mackinac Island., to execute certain contracts. The charter of the city of Mackinac Island contains the following provision: ‘ ‘ The council may contract from year to year, or for a period of time not exceeding ten years, with any person or persons, or with any duly-authorized corporation, for the supplying of such city and the inhabitants thereof with water upon such terms and conditions as may be agreed, and may grant to such person, persons, or corporation the right to the use of the streets, alleys, wharves,…
1Opinion of the CourtGrant, J.
(after stating the facts). The learned counsel for the relator contend that the city authorities may grant a franchise for 30 years, while they can make a contract only for 10 years. The pertinent queries at once arise: (1) What was the purpose of the 10-year limit? (2) What rights will relator have in the streets at the end of the 10 years, under a 30-year franchise with a 10-year contract ?
It is manifest that the legislature recognized the evils that had come to municipal corporations by granting the use of the streets for so long a period. The evident purpose, therefore, in granting this…
2Cited by3 opinions
- Merchants' Nat. Bank of New Haven v. United States ex rel. SarioCourt of Appeals for the Second Circuit · 1914
- City of Defiance v. McGonigaleCourt of Appeals for the Sixth Circuit · 1907
- Heiselt Const. Co. v. Industrial CommissionUtah Supreme Court · 1921