Legal Opinion

Commissioners of Parks & Boulevards v. Moesta

Michigan Supreme Court

Decided April 8, 1892PublishedCited by 38 opinions

Appeal from recorder's court of Detroit. (Chambers, J.) Respondents appeal from the determination of a jury in condemnation proceedings. The facts are stated in the opinion.

1Opinion of the CourtMontgomery, J.

This is an appeal from the determination of a jury finding a necessity for taking certain land of the appellants for the purpose of widening a. boulevard in the city of Detroit, and fixing the compensation therefor. Three questions are presented:

First. Whether the provisions of Act No. 388, Local *151Acts of 1889, relating to the method of ascertaining the necessity to take lands for this purpose, are constitutional.

Second. Whether the instructions in the case properly left to the jury the question of necessity for taking the land for the improvement.

Third. Whether the trial judge gave the jury…

2Cases cited3 opinions

  1. Allison v. ChandlerMichigan Supreme Court · 1863
  2. Paul v. City of DetroitMichigan Supreme Court · 1875
  3. Rapids v. Grand Rapids & Indiana R. R.Michigan Supreme Court · 1886

3Cited by38 opinions

  1. State Highway Commission v. VanderklootMichigan Supreme Court · 1974
  2. Ranck v. City of Cedar RapidsSupreme Court of Iowa · 1907
  3. Department of Transportation v. TomkinsMichigan Supreme Court · 2008
  4. Bigelow v. DraperNorth Dakota Supreme Court · 1896
  5. Wabash, Chester & Western Railroad v. Commerce Commission ex rel. Jefferson Southwestern RailroadIllinois Supreme Court · 1923

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