Kales v. City of Oak Park

Plaintiff herein filed suit in circuit court under the provisions of Act No. 36, Pub. Acts 1929 (3 Comp. Laws 1929, §13903 et seq. [Stat. Ann. §27.501 et seg.]), for the purpose of obtaining a declaratory decree. The question at issue is the' validity of the incorporation of the defendant as a city of the fifth class under the provisions of the home-rule act. * The facts alleged in plaintiff’s petition were admitted by defendant in its answer. No testimony was taken in the trial court, the cause being submitted on the pleadings and on the arguments of counsel. From a decree sustaining the…