Cleveland v. City of Detroit

Plaintiff, cross-plaintiff and intervening plaintiffs, hereinafter called plaintiffs, own property which the defendant city sought to acquire by condemnation for the construction thereon of subsurface bus terminals for the improvement of its street railway system. Plaintiffs, by this suit, seek to enjoin prosecution of the condemnation proceedings and appeal from a decree for defendant dismissing the bills of complaint.

Do Michigan statutes and public policy permit condemnation of the fee for the city’s street railway system? It is contended that the city, in the operation of its street…