Legal Opinion

Boehme v. City of Monroe

Michigan Supreme Court

Decided September 26, 1895PublishedCited by 14 opinions

Appeal from Monroe; Kinne, J. Bill by O. Augustus Boelune and others against the city of Monroe and others to restrain the collection of a special assessment, and for other relief in connection therewith. From, a decree dismissing the bill, complainants appeal.

1Opinion of the CourtMcGrath, C. J.

This is a bill filed to restrain the collection of a special assessment for paving First street, in the city of Monroe; to set aside the proceedings had therefor; and to restrain'the collection of the bonds issued in payment for said improvement. The reasons given are as follows:(1) Because the resolution of the council did not define the paving district.(2) Because the ordinances were not approved in the manner required by the charter.(3) Because there is no ordinance providing for the creation of a board of assessors.(4) Because the vote for assessors was by ballot, and not by ayes and…

2Cases cited2 opinions

  1. Stevenson v. Bay CityMichigan Supreme Court · 1872
  2. Whitney v. Common Council of HudsonMichigan Supreme Court · 1888

3Cited by14 opinions

  1. Chase v. TroutCalifornia Supreme Court · 1905
  2. Auditor General v. CalkinsMichigan Supreme Court · 1904
  3. Cote v. Village of Highland ParkMichigan Supreme Court · 1912
  4. Corliss v. Village of Highland ParkMichigan Supreme Court · 1903
  5. McCaffrey v. City of OmahaNebraska Supreme Court · 1912

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