City of Flint v. Consumers Power Co.

Plaintiff, proceeding under 3 Comp. Laws 1929, §13903 et seq. (Stat. Ann. §27.501 et seq.), filed a petition in equity to secure a declaration of rights. Defendant moved to dismiss, asserting that a proper cause for a declaration of rights was not alleged in plaintiff’s petition and that it appears on the face of the petition the suit was prematurely brought. The circuit judge denied defendant’s motion. Leave having been obtained, defendant has appealed.

Defendant is engaged in the public service of furnishing to its customers in the city of Flint electric current for heat, light and power. It…