Detroit, G.H. & M. Ry. Co. v. City of Grand Rapids
Decision Date | 02 July 1895 |
Citation | 63 N.W. 1007,106 Mich. 13 |
Parties | DETROIT, G. H. & M. RY. CO. v. CITY OF GRAND RAPIDS. |
Court | Michigan Supreme Court |
Appeal from superior court of Grand Rapids, in chancery; Edwin A Burlingame, Judge.
Action by the Detroit, Grand Haven & Milwaukee Railway Company against the city of Grand Rapids, to enjoin the enforcement of an assessment. A decree was rendered for defendant, and complainant appeals. Reversed.
E. W Meddaugh and L. C. Stanley, for appellant.
William Wisner Taylor, for appellee.
The defendant city opened North Lafayette street across the complainant's right of way. The railroad bed, which is 100 feet wide, crosses the street at an angle of less than 45 degrees. An assessment district was established by the common council, on which was assessed the cost of the pavement, under a charter requiring assessments according to benefits received. The defendant included in this district the complainant's right of way to the distance of 100 feet on each side of the street. It divided this into three parcels, fixing the values at $1,000, $480, and $600, respectively. More than one-twentieth of the entire cost was assessed to complainant. The assessment on the $1,000 piece was $569; on the $480 piece, $373; and on the $600 piece, $63. It thus appears that on one piece nearly 80 per cent. of its entire value was assessed as benefits, and on another piece more than 50 per cent.
1. The first question is settled by the case of Lake Shore & M. S. Ry. Co. v. City of Grand Rapids (Mich.) 60 N.W. 767, which holds that railroad property cannot be sold for these assessments.
2. The right of way so assessed contains the main track and one side track. It has nothing else upon it, and is used for no other purpose. It has already been dedicated to a public use, and the question is presented whether a railroad right of way can be assessed by municipal corporations for public improvements. So far from being any benefit, it is established by the evidence that the opening and paving of the street were a damage to the complainant. A right of way cannot be benefited by the opening and paving of a street across it. None of the buildings of the complainant are within two blocks of this crossing. We can see no benefits, immediate or prospective, to the complainant. The division of the right of way into three parcels was arbitrary, as were also the valuations and supposed benefits. The point is so clearly and concisely stated by the court of Pennsylvania that we quote the opinion in City of Philadelphia v. Philadelphia, W. & B. R. Co., 33 Pa. St. 43: The same doctrine is held in Junction R. Co. v. City of Philadelphia, 88 Pa. St. 424; State v. City of Elizabeth, 37 N. J. Law, 331; New York & H. R. Co. v. Board of Trustees of Town of Morrisania, 7 Hun, 652; City of Bloomington v. Chicago & A. R. Co., 134 Ill. 451, 26 N.E. 366; City of Bridgeport v. New York & N.H. R. Co., 36 Conn. 255; South Park Com'rs v. Chicago, B. & Q. R. Co., 107 Ill. 105; New York & N.H. R. Co. v. City of New Haven, 42 Conn. 279.
Decree is reversed, and decree entered in this court for complainant in accordance with the prayer, with the costs of both courts.
The city of Grand Rapids caused an assessment for paving a street to be made upon two pieces of land forming a portion of the complainant's roadbed, and the bill in this cause was filed to restrain a sale of the parcels for such assessment. The complainant's right of way crosses the street, and 100 feet in length of said right of way on each side of the street...
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...106 Mich. 1363 N.W. 1007DETROIT, G. H. & M. RY. CO.v.CITY OF GRAND RAPIDS.Supreme Court of Michigan.July 2, Appeal from superior court of Grand Rapids, in chancery; Edwin A. Burlingame, Judge. Action by the Detroit, Grand Haven & Milwaukee Railway Company against the city of Grand Rapids, t......