Legal Opinion

Hoyt v. City of East Saginaw

Michigan Supreme Court

Decided July 12, 1869PublishedCited by 38 opinions

Appeal in Chancery from Saginaw Circuit. The bill in this cause was filed to 'enjoin the collection of an assessment for an improvement oh Genesee street in Bast Saginaw. The greater part of the ’cost of which was assessed upon the property in the vicinity benefitted, in proportion to the benefit. A perpetual injunction was granted in the Court below.

1Opinion of the Court

Cooley Oh. J.

The bill in this case was filed to enjoin the collection of an assessment which had been made for the grading, ditching and planking of Genesee street in the • city of Bast Saginaw. It appears that the Common Council, by 'resolution, determined that the cost and expense of the improvement would be the sum of $15,612, and that the property in the vicinity of the improvement would be benefitted by it to the amount of $11,700; and that they consequently assumed on behalf of the city the payment of $3,912, and directed the sum of $11,700 to be assessed upon the property in the…

2Cases cited4 opinions

  1. Williams v. Mayor of DetroitMichigan Supreme Court · 1853
  2. Woodbridge v. City of DetroitMichigan Supreme Court · 1860
  3. Scofield v. City of LansingMichigan Supreme Court · 1868
  4. Palmer v. RichMichigan Supreme Court · 1864

3Cited by38 opinions

  1. Comm'rs of Leavenworth Co. v. MillerSupreme Court of Kansas · 1871
  2. Barber Asphalt Paving Co. v. EdgertonIndiana Supreme Court · 1890
  3. Thomas v. GainMichigan Supreme Court · 1876
  4. City of Denver v. KnowlesSupreme Court of Colorado · 1892
  5. Atlantic Coast Line Railroad v. City of LakelandSupreme Court of Florida · 1927

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