In re Bd. of Educ. of Grand Rapids
| Decision Date | 06 March 1930 |
| Docket Number | No. 31.,31. |
| Citation | 229 N.W. 470,249 Mich. 550 |
| Parties | In re BOARD OF EDUCATION OF CITY OF GRAND RAPIDS. |
| Court | Michigan Supreme Court |
OPINION TEXT STARTS HERE
Certiorari to Superior Court of Grand Rapids, in Chancery; Leonard D. Verdier, Judge.
Petition by the Board of Education of the City of Grand Rapids to acquire private property for enlargement of the site of the Vocational and Technical High School. Petition dismissed, and petitioner brings certiorari.
Order dismissing petition vacated and set aside, with direction.
Argued before WEIST, C. J., and BUTZEL, CLARK, POTTER, SHARPE, NORTH, and FEAD, JJ.Ganson Taggart and Robert S. Tubbs, both of Grand Rapids, for petitioner.
Butterfiled, Keeney & Amberg, of Grand Rapids, for respondent Campbell.
On December 3, 1928, the board of education of the city of Grand Rapids adopted a resolution stating that it was necessary to enlarge the site of the Vocational and Technical High School (so called) by acquiring three parcels of land, specifically describing them; that it was unable to agree upon the price to be paid with the owners thereof; that the acquiring of said land was a necessary public improvement, and that it deemed it necessary to take the same for the enlargement of said schoolhouse grounds and for the use and benefit of the public, and instructed the city attorney to take the necessary proceedings to condemn the same. The city attorney thereupon filed a petition for condemnation in the superior court of said city.
Among the parcels sought to be taken was a strip of land owned by Cornelia S. Campbell. Service was duly made upon her, and she appeared by her attorneys. Upon the hearing a jury was impaneled, and, after the proofs on the part of the petitioner had been submitted, the trial court dismissed the petition for the ‘want of proper proof of necessity.’ The order of dismissal is before us on certiorari.
Having in contemplation the enlargement of the Vocational and Technical High School of the city, the board of education had preliminary plans therefor prepared by its architects. These were submitted to and approved by the superintendent of public instruction, as required by part 2, c. 13, of Act No. 319, Pub. Acts 1927. They call for an addition of about 250 feet to the north of the present building, to be built in two sections. The middle one, now in course of erection, will cost approximately $565,490. The board of education has adopted the policy of ‘Pay as you go.’ They have the money on hand to pay...
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