Legal Opinion
Preston v. Board of Water Commissioners
Michigan Supreme Court
Decided July 12, 1898PublishedCited by 15 opinions
Cross-appeals from Wayne; Frazer, J. Bill by Marvin Preston and others against tbe board of water commissioners of the city of Detroit to restrain the collection of water rates as assessed by said board. From the decree rendered, all parties appeal.
1Opinion of the CourtMoore, J.
Stated in the language of the solicitor for complainants:
“This bill was filed in 1890, to restrain the collection of water rates as assessed, on the ground that the basis of the assessment was and is radically inequitable and contrary to law.
“1. That if' the defendant has the right to include in the assessment of rates the expenses of extension and construction, and the payment of the bonded debt, as well as the operating expenses:
“ (a) It must assess for public uses as well as for private.
“(b) It has no right to discriminate between consumers, or to exempt any uses.
“ (c) It has no right to…
2Cases cited1 opinion
- Jones v. Board of Water CommissionersMichigan Supreme Court · 1876
3Cited by15 opinions
- Shirk v. Lancaster CitySupreme Court of Pennsylvania · 1933
- Barnes Laundry Co. v. PittsburghSupreme Court of Pennsylvania · 1920
- Fretz v. City of EdmondSupreme Court of Oklahoma · 1916
- City of Niles v. Union Ice Corp.Ohio Supreme Court · 1938
- State Ex Rel. Mt. Sinai Hospital v. HickeyOhio Supreme Court · 1940
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