Allen v. Rogers

The defendant has brought error to review the judgment of the Wayne circuit court in quashing the proceedings instituted by him as highway commissioner to take the plaintiffs’ lands for the widening of Grand River avenue, part of which is situated within the corporate limits of the city of Detroit.

The record presents the following questions:

1. Does the statute make mandatory a bona fide effort to acquire the lands by purchase as a condition precedent to the right to institute condemnation proceedings ?

The proceedings were brought under authority of Act No. 352, Pub. Acts 1925, as amended by…