Legal Opinion

City of Big Rapids v. Big Rapids Furniture Manfg. Co.

Michigan Supreme Court

Decided April 10, 1920No. Docket No. 76PublishedCited by 8 opinions

Error to Mecosta; Mayne (Frederick W.), J., presiding. Proceedings by the city of Big Rapids against the-Big Rapids Furniture Manufacturing Company and others to determine the damages resulting from a change of grade in a public street. From the judgment rendered, defendants appealed to the circuit court. Judgment for plaintiff. Defendants bring error.

1Opinion of the CourtClark, J.

How may the plaintiff under its charter change the grade of one of its streets where defendants, owners of adjacent property, have made improvements in conformity to the established grade? This is the main question in the case. In 1915 the electors of the city of Big Rapids adopted a charter under the so-called “home-rule-act,” Act No. 279, of the Public Acts of 1909, as amended, being sections 3304 to 3341, 1 Comp. Laws 1915. By the charter the corporate powers of the city are vested in a city commission designated as the “commission,” consist*161ing of a mayor and two commissioners. Sections 5…

2Cases cited11 opinions

  1. Allen v. City of DetroitMichigan Supreme Court · 1911
  2. Pearsall v. Board of SupervisorsMichigan Supreme Court · 1889
  3. Hoyt v. City of East SaginawMichigan Supreme Court · 1869
  4. Clay v. Pennoyer Creek Improvement Co.Michigan Supreme Court · 1876
  5. Ranson v. City of Sault Ste. MarieMichigan Supreme Court · 1906

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3Cited by8 opinions

  1. Peterman v. Department of Natural ResourcesMichigan Supreme Court · 1994
  2. Bott v. Natural Resources CommissionMichigan Supreme Court · 1982
  3. Thom v. State Highway CommissionerMichigan Supreme Court · 1965
  4. City of Milwaukee v. DillerWisconsin Supreme Court · 1927
  5. Michigan Ass'n of Intermediate Special Education Administrators v. Department of Social ServicesMichigan Court of Appeals · 1994

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