City of Detroit v. Judge of Recorder's Court
Michigan Supreme Court
Mandamus by the city of Detroit to compel William W. Chapin, judge of the recorder’s court of Detroit, to vacate an order quashing condemnation proceedings. The relator instituted proceedings under Act No. 467, Local Acts 1895, to open a street for public use, and to condemn private lands for that purpose. The respondent quashed the proceedings, holding the act to be unconstitutional.
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Mandamus by the city of Detroit to compel William W. Chapin, judge of the recorder’s court of Detroit, to vacate an order quashing condemnation proceedings. The relator instituted proceedings under Act No. 467, Local Acts 1895, to open a street for public use, and to condemn private lands for that purpose. The respondent quashed the proceedings, holding the act to be unconstitutional. Section 2 provides that, when the common council of the city declare a public improvement to be necessary, they, shall pass a resolution declaring that they deem it necessary to take private property (describing…
1Opinion of the CourtGrant, J.
(after stating the facts). The power of taxation granted by this act is not one of necessity conferred upon the State, involving the right to apportion to each political subdivision of the State its share of the public burdens. The sole ground for imposing a part or all of the cost of a public improvement upon one part of a municipality is that the part burdened with the cost receives corresponding benefits, which the general public does not receive. The rule is so clearly and concisely stated in State v. City of Newark, 27 N. J. Law, 190, that we quote it:
“The theory upon which such…
2Cases cited4 opinions
- Stuart v. . PalmerNew York Court of Appeals · 1878
- City of Bridgeport v. New York & New Haven RailroadSupreme Court of Connecticut · 1869
- Barnes v. DyerSupreme Court of Vermont · 1884
- Dyar v. Farmington Village Corp.Supreme Judicial Court of Maine · 1878
3Cited by11 opinions
- Cummings v. GarnerMichigan Supreme Court · 1921
- Voigt v. City of DetroitMichigan Supreme Court · 1900
- Graham v. City of SaginawMichigan Supreme Court · 1947
- Goodrich v. City of DetroitMichigan Supreme Court · 1900
- German Lutheran Church Society v. City of Mt. ClemensMichigan Supreme Court · 1914
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