Legal Opinion

W. F. Stewart Co. v. City of Flint

Michigan Supreme Court

Decided April 2, 1907No. Docket No. 85PublishedCited by 9 opinions

Cross-appeals from Genesee; Wisner, J. Bill by the W. F. Stewart Company and others against the city of Flint and Milton C. Pettibone, city treasurer, to restrain the collection of a sewer tax. Defendants filed an answer in the nature of a cross-bill asking for a decree for the amounts of the assessments against complainants. From the decree rendered, both parties appeal.

1Opinion of the CourtMontgomery, J.

This is a bill filed by complainants to restrain the collection of a special assessment upon property owned by the complainants for the construction of the “ St. John Street Sewer,” so-called. The bill alleges many irregularities in the proceedings providing for the construction of the sewer. It also alleges that the sewer was constructed mainly in the interests of the public health of the entire community, and that, notwithstanding this fact, 75 per cent, of the entire cost of the sewer was levied upon property in the assessment district, and that this was fraudulent conduct on the part of…

2Cases cited5 opinions

  1. Atwell v. BarnesMichigan Supreme Court · 1896
  2. Byram v. City of DetroitMichigan Supreme Court · 1883
  3. Lundbom v. City of ManisteeMichigan Supreme Court · 1892
  4. Goodwillie v. City of DetroitMichigan Supreme Court · 1894
  5. Farr v. City of DetroitMichigan Supreme Court · 1904

3Cited by9 opinions

  1. Campbell v. City of PlymouthMichigan Supreme Court · 1940
  2. Thayer Lumber Co. v. City of MuskegonMichigan Supreme Court · 1908
  3. Lowrie & Robinson Lumber Co. v. City of DetroitMichigan Supreme Court · 1926
  4. Auditor General v. BishopMichigan Supreme Court · 1910
  5. Attwood Brass Works v. City of Grand RapidsMichigan Supreme Court · 1925

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