In Re Petition of Hendricks to Vacate Street

After mature deliberation, I am convinced that the constitutional provision giving to cities "the reasonable control of their streets" (article 8, § 28) should not be given the construction put upon it in our former opinion.

Under the power conferred by section 2652, 1 Comp. Laws 1915, a village council may vacate a street. Tomazewski v. Palmer BeeCo., 223 Mich. 565. A similar power is conferred upon cities by section 3089, and upon circuit courts by section 3354. This latter statute contains no limitation in regard to proceedings where there is another remedy. Case v. Frey, 24 Mich. 251.…