Burt v. Commissioners of Highways of Sumpter & Van Buren
Michigan Supreme Court
Application for Certiorari. This writ was sought to review proceedings of the highway commissioners to lay out a road on tbe town line between tlie townships of Sumpter and Van Burén, in Wayne county. To lay out the proposed highway, lands of the relator were required to be taken, and he was awarded damages for the taking.
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Application for Certiorari. This writ was sought to review proceedings of the highway commissioners to lay out a road on tbe town line between tlie townships of Sumpter and Van Burén, in Wayne county. To lay out the proposed highway, lands of the relator were required to be taken, and he was awarded damages for the taking. Not being satisfied with the action of the commissioners, he took an appeal under the statute to the township boards of the two townships, where the proceedings of the commissioners were confirmed, except as to the amount of the award to the relator.
1Opinion of the Court
The Ooukt
held that where one has thus taken advantage of the appropriate statutory remedy by appeal, a writ of certiorari will not be allowed to renew the proceedings, unless there are peculiar and exceptional circumstances existing indicating that some special grievance will result from the denial of the remedy.
Writ denied.
2Cited by1 opinion
- Brown v. Greenfield Township BoardMichigan Supreme Court · 1896