Farr v. City of Detroit
Michigan Supreme Court
Appeal from Wayne; Hosmer, J. Bill by Merton E. Farr against the city of Detroit and Thomas M. Lucking, receiver of taxes, to restrain the collection of a paving tax. From a decree for complainant, defendants appeal.
1DissentGrant, J.
The bill in this case was filed December 22, 1900, to set aside an assessment against complainant’s property for paving a portion of a street in the city of Detroit. The charter requires a petition of a majority of the frontage on the part of the street to be paved before the common council is authorized to proceed. Such a petition is a condition precedent to the jurisdiction of the council. The petition in this case was presented to the council June 6, 1899, and, while apparently having a majority of the frontage, did not in fact have it. Apparently, the common council made no investigation…
2Cases cited28 opinions
- Ogden City v. ArmstrongSupreme Court of the United States · 1897
- Steckert v. City of East SaginawMichigan Supreme Court · 1870
- Mulligan v. SmithCalifornia Supreme Court · 1881
- Adams v. BrenanIllinois Supreme Court · 1898
- Coggeshall v. City of Des MoinesSupreme Court of Iowa · 1889
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