Campau v. City of Detroit
Michigan Supreme Court
This was a common law certiorari to the Recorder’s Court of Detroit, to remove the proceedings connected with the opening and extending of Russell street, in the City of Detroit, to this Court. The folloAving facts were agreed upon, as being the only ones necessary to present the questions to be raised: The plaintiff is one of the heirs of Joseph Campau, deceased; the owners in fee of the property.
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This was a common law certiorari to the Recorder’s Court of Detroit, to remove the proceedings connected with the opening and extending of Russell street, in the City of Detroit, to this Court. The folloAving facts were agreed upon, as being the only ones necessary to present the questions to be raised: The plaintiff is one of the heirs of Joseph Campau, deceased; the owners in fee of the property. The other heirs have declined to join in the writ, and it is prosecuted by him individually. On the 8th of August, 1865, the Common Council passed a resolution in the words following, to wit: “…
1Opinion of the Court
Cooley J.
We do not think the resolution of the Common Council for the opening of Russell Street, is open to the objection made to it. The resolution can properly require an apportionment of the damages among the premises benefitted, only in those cases in which such apportionment can actually be made under the Charter. But in the case of opening a street the Charter expressly provides that the damages shall be payable out of the city treasury, and the means therefor raised with the general city taxes.— Charter, ch. 7, § 11.
Nor can the proceedings be held void because notice of the resolution…
2Cases cited3 opinions
- Tims v. StateSupreme Court of Alabama · 1855
- Shepardson v. Milwaukee & Beloit RailroadWisconsin Supreme Court · 1858
- Quinlon v. RogersMichigan Supreme Court · 1863
3Cited by35 opinions
- Frost v. Corporation Comm'n of Okla.Supreme Court of the United States · 1929
- People Ex Rel. Farrington v. . MenschingNew York Court of Appeals · 1907
- Risser v. HoytMichigan Supreme Court · 1884
- Parshall v. StateCourt of Criminal Appeals of Texas · 1911
- State ex rel. Jones v. County CommissionersNebraska Supreme Court · 1877
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