Emmons v. City of Detroit

On Rehearing.

Potter, J.

This case was before the court in Emmons v. City of Detroit, 255 Mich. 558, to which reference is made for a further statement of facts. Application for a rehearing was had and granted, and the case is here on resubmission. In the opinion above referred to it was said:

“It must be assumed that the land not actually used by the street, but acquired by condemnation between plaintiff’s land and the traveled portion of the street, was acquired in pursuance of the Constitution and statutes.”

Attention had been called to the constitutional amendment of 1928 providing that in…