Legal Opinion

Balch v. City of Detroit

Michigan Supreme Court

Decided May 12, 1896PublishedCited by 6 opinions

Certiorari to Wayne; Frazer, J. Mandamus by George W. Balcb and another against the city of Detroit and others to compel the payment of an award for land condemned for street purposes. From an order denying the writ5 relators bring certiorari.

1Opinion of the CourtHooker, J.

Previous to 1895, the right to institute proceedings for taking private property for street and highway purposes, on behalf of the public, was vested in city councils and boards of supervisors under a general law, viz., Act No. 124 of the Public Acts of 1883, and an amendatory act, numbered 48, of the Public Acts of 1887. At its 1895 session, the legislature passed an act, applicable only to the city of Detroit, which, while in the main it followed the provisions of the pre-existing general law, differed from it in important particulars. See Act No. 467, Local Acts 1895. Its first section…

2Cases cited3 opinions

  1. People Ex Rel. Gas-Light Co. v. . Common CouncilNew York Court of Appeals · 1879
  2. City of Detroit v. ChapinMichigan Supreme Court · 1895
  3. Borgman v. City of DetroitMichigan Supreme Court · 1894

3Cited by6 opinions

  1. People v. Bank of San Luis ObispoCalifornia Supreme Court · 1910
  2. Campau v. City of DetroitMichigan Supreme Court · 1923
  3. City of Los Angeles v. AitkenCalifornia Court of Appeal · 1939
  4. Sturgis v. County of AlleganMichigan Supreme Court · 1955
  5. Burke v. City of River RougeMichigan Supreme Court · 1927

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