Legal Opinion

Motz v. City of Detroit

Michigan Supreme Court

Decided July 12, 1869PublishedCited by 74 opinions

Appeal in Chancery, from Wayne Circuit. The bill iu. this cause, was filed by fourteen tax payers to restrain the city of Detroit, through its officers, from enforcing an assessment sought to be enforced against their lots fronting on Grand Eiver street, for qiaving the same with “Nicholson Pavement.”

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Appeal in Chancery, from Wayne Circuit. The bill iu. this cause, was filed by fourteen tax payers to restrain the city of Detroit, through its officers, from enforcing an assessment sought to be enforced against their lots fronting on Grand Eiver street, for qiaving the same with “Nicholson Pavement.” The bill set forth that the said lots were unequal in frontage and depth, and that several were irregular and triangular in form, that the street fronting them was of unequal .surface and required much excavation and filling up, and that some of said lots were vacant and some highly improved.…

1Opinion of the Court

Cooley Ch. J.

Fourteen tax payers unite in this case to restrain the collection of an assessment levied upon certain property owned by them, fronting on Grand River street in the city of Detroit, to meet the expense of grading that street and paving it with what is known as the Nicholson Pavement. The grounds upon which the bill asks the interposition of chancery to restrain the municipal action are:

First. That the Nicholson pavement is a patent, and the right to lay the same consequently a monopoly, so that there can be no competition for any contract for laying the same, and “no lowest…

2Cases cited3 opinions

  1. Price v. HopkinMichigan Supreme Court · 1865
  2. Williams v. Mayor of DetroitMichigan Supreme Court · 1853
  3. Woodbridge v. City of DetroitMichigan Supreme Court · 1860

3Cited by74 opinions

  1. Lawrence Baking Co. v. Unemployment Compensation CommissionMichigan Supreme Court · 1944
  2. Platter v. Board of CommissionersIndiana Supreme Court · 1885
  3. Wikman v. City of NoviMichigan Supreme Court · 1982
  4. Ricketts v. SprakerIndiana Supreme Court · 1881
  5. Thompson v. Auditor GeneralMichigan Supreme Court · 1933

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