Legal Opinion

Loomis v. Hartz

Michigan Supreme Court

Decided May 8, 1911No. Docket No. 113PublishedCited by 12 opinions

Certiorari to Wayne; Murfin, J. Proceedings by Oliver H. Loomis and other freeholders of the township of Plymouth, Wayne county, Michigan, to lay out a highway. From an order of Berton D. Brown, highway commissioner, laying out a highway over lands of defendant, John C. Hartz, the defendant appealed to the township board, and, from its affirmance of the proceedings, to the circuit court.

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Certiorari to Wayne; Murfin, J. Proceedings by Oliver H. Loomis and other freeholders of the township of Plymouth, Wayne county, Michigan, to lay out a highway. From an order of Berton D. Brown, highway commissioner, laying out a highway over lands of defendant, John C. Hartz, the defendant appealed to the township board, and, from its affirmance of the proceedings, to the circuit court. An order of the circuit judge dismissing the appeal is reviewed by defendant on certiorari.

1Opinion of the CourtStone, J.

In this case defendant seeks by certiorari to review the action of the circuit judge in dismissing an appeal from the township board of the township of Plymouth, in a certain highway proceeding, and to reinstate said appeal in the circuit court.

It appears: That, upon the petition of the requisite number of freeholders of said township, the commissioner of highways took certain action to lay out a highway therein through lands belonging to the defendant. The defendant, conceiving himself aggrieved by the determination of such commissioner, perfected an appeal therefrom to the township board of…

2Cases cited8 opinions

  1. Swan v. WilliamsMichigan Supreme Court · 1852
  2. Woodmere Cemetery v. RouloMichigan Supreme Court · 1895
  3. Dubois v. Riley Township BoardMichigan Supreme Court · 1901
  4. City of Mt. Clemens v. Macomb Circuit JudgeMichigan Supreme Court · 1899
  5. Brown v. Greenfield Township BoardMichigan Supreme Court · 1896

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3Cited by12 opinions

  1. Peterman v. Department of Natural ResourcesMichigan Supreme Court · 1994
  2. Wayne County v. HathcockMichigan Supreme Court · 2004
  3. City of Detroit v. Oakland Circuit JudgeMichigan Supreme Court · 1926
  4. Hendershott v. RogersMichigan Supreme Court · 1927
  5. In Re City of Detroit for Condemnation of Lands for AirportMichigan Supreme Court · 1944

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