Legal Opinion

Township of Custer v. Dawson

Michigan Supreme Court

Decided January 5, 1914No. Docket No. 10PublishedCited by 10 opinions

Certiorari to Sanilac; Beach, J. Eminent domain proceedings by the township of Custer against William Dawson and others. A judgment in circuit court on appeal from the highway-commissioner and township board is reviewed by petitioner on writ of certiorari.

1Opinion of the CourtBrooke, J.

Plaintiff township is undertaking to condemn lands belonging to defendants for the purposes of a public highway under the provisions of Act No. 283, Public Acts of 1909 (2 How. Stat. [2d Ed.] §2173 et seq.). Defendants, being dissatisfied with the determination of the highway commissioner, appealed to the township board and thence to the circuit court for Sanilac county. Plaintiff township now seeks to review the determination there reached, upon certiorari.

The first question requiring consideration is the propriety of the remedy. We determined in the case of Hartz v. Wayne Circuit Judge, 164…

2Cases cited6 opinions

  1. Young v. HarrisonSupreme Court of Georgia · 1855
  2. Trinity College v. City of HartfordSupreme Court of Connecticut · 1865
  3. Comm'rs of Pottawatomie County v. O'SullivanSupreme Court of Kansas · 1876
  4. Hartz v. JudgeMichigan Supreme Court · 1910
  5. Spring Valley Waterworks v. City & County of San FranciscoU.S. Circuit Court for the District of Northern California · 1903

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3Cited by10 opinions

  1. In Re Petition of State Highway CommissionMichigan Supreme Court · 1970
  2. In Re Widening of Fulton StreetMichigan Supreme Court · 1929
  3. Rapid Railway Co. v. Michigan Public Utilities CommissionMichigan Supreme Court · 1923
  4. In Re State Highway CommissionerMichigan Supreme Court · 1930
  5. Morgan v. MorganMichigan Supreme Court · 1920

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