Wreford v. City of Detroit
Michigan Supreme Court
Appeal from Wayne; Rohnert, J. Bill by William Wreford and others against the city of Detroit and Thomas M. Lucking, receiver of taxes, to restrain the collection of an assessment. From a decree dismissing the bill, complainants appeal. Bagley avgnue, in the city of Detroit, formerly knbwn as “Macomb Avenue,” in 1876 was graded and paved, with a roadway 40 feet wide, the entire cost of which was assessed upon the abutting property, which includes that of the complainants.
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Appeal from Wayne; Rohnert, J. Bill by William Wreford and others against the city of Detroit and Thomas M. Lucking, receiver of taxes, to restrain the collection of an assessment. From a decree dismissing the bill, complainants appeal. Bagley avgnue, in the city of Detroit, formerly knbwn as “Macomb Avenue,” in 1876 was graded and paved, with a roadway 40 feet wide, the entire cost of which was assessed upon the abutting property, which includes that of the complainants. The street was wide, and a grass plot was left between the sidewalks and the 40-feet roadway, in which were set rows of…
1Opinion of the CourtGrant, J.
(after stating the facts). The only question we need to discuss is, Can the abutting property owner, having once been assessed for grading and paving the street, be again assessed for paving extensions thereof ? The charter provides that “the cost of all repaving of streets shall be paid out of the repairing fund.” We held in Dickinson v. City of Detroit, 111 Mich. 480 (69 N. W. 728), that a change of the roadbed from one place, within the limits of the street, to another, even though the new roadbed be much wider than the old one, did not authorize the cost of the pavement to be assessed…
2Cases cited2 opinions
- Matter of Petition of SmithNew York Court of Appeals · 1885
- Dickinson v. City of DetroitMichigan Supreme Court · 1897
3Cited by2 opinions
- Reliance Automobile & Supply Co. v. City of JacksonMichigan Supreme Court · 1928
- City of Griffin v. CrossfieldCourt of Appeals of Georgia · 1957