Thomas v. Walker Township Board
Michigan Supreme Court
Error to Kent; Grove, J. . Certiorari by John M. Thomas, drain commissioner of Kent county, to review the decision of the township board of the township of Walker upon an appeal from an assessment for drain benefits as made by the commissioner. From a judgment sustaining the action of the board, petitioner brings error. Application was made to the county drain commissioner of Ottawa county in 1896 to construct a. drain commencing and ending entirely in Ottawa county.
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Error to Kent; Grove, J. . Certiorari by John M. Thomas, drain commissioner of Kent county, to review the decision of the township board of the township of Walker upon an appeal from an assessment for drain benefits as made by the commissioner. From a judgment sustaining the action of the board, petitioner brings error. Application was made to the county drain commissioner of Ottawa county in 1896 to construct a. drain commencing and ending entirely in Ottawa county. That commissioner, finding that the said drain affected lands lying in Kent as well as in Ottawa county, called a meeting of…
1Opinion of the CourtGrant, C. J.
(after stating the facts). We find only one case in this court-involving the power and jurisdiction of the township board upon appeals from the action of the commissioner under the statute of 1885. Gillett v. McLaughlin, 69 Mich. 547. It was there held that the board had no power to change the per cent, of the drain assessment to be borne by the township after the commissioner had fixed it. The law governing these assessments, and providing for appeals therefrom, is found in' chapter 5 of the drain law. 3 How. Stat. § 1740e2 et seq. Section 1 authorizes the commissioner to apportion the per…
2Cases cited1 opinion
- Gillett v. McLaughlinMichigan Supreme Court · 1888
3Cited by2 opinions
- Township of Walker v. ThomasMichigan Supreme Court · 1900
- State ex rel. First National Bank v. HeathMontana Supreme Court · 1920