Kimball v. Homan
| Decision Date | 24 April 1889 |
| Court | Michigan Supreme Court |
| Parties | KIMBALL v. HOMAN, HIGHWAY COMMISSIONER. |
Certiorari to highway commissioner.
CAMPBELL J.
This is a certiorari directed to the proper officers of the town of Paris to review certain action, whereby a portion of an alleged highway was discontinued. The case is a little peculiar, because the petitioner relies on some matters of merits not to be found in such a record as is sought to be brought up by the writ; while, on the other hand, the return makes a showing which, if accepted, gives a complete answer to those complaints. But in the view we take of the case it can be disposed of without considering any doubtful matters. The record shows that in the city of Grand Rapids there is a street running north and south, known as "Centre Street," which reaches the southern city boundary on Hall street. About 600 feet south of Hall street and in the town of Paris, is an unincorporated village plat known as "Scranton's Addition to Grand Rapids," which has a street, called "Centre Street," which if extended, would be a practical continuation of the city street of that name. Home street is a street running east and west, crossing Centre street at about the north line of the Scraton plat. It is claimed and assumed that there is a small part of the Scranton plat extending north of Home street a short distance. Between Grand Rapids and the Scranton plat is a tract about 600 feet wide, formerly belonging to Mrs. Smithers, and now belonging to Davis, Turner & Carroll, who owned it when the proceedings were had which are now complained of. Across this tract it is claimed that Centre street had been used so as to reach the Scranton plat, but not by any formal dedications or establishment, or working by the authorities. Davis, Turner & Carroll, and various grantees, owned all the land on the Smithers tract, bordering on the line of Centre street, if there was such a street. Vallina E. Scranton occupied and owned apparently so much of the Scranton plat as was north of Home street, on Centre street. Plaintiff in certiorari claims to own land on the south side of Home street, and east side of Centre street, on the Scranton plat. On the 12th of October, 1887, 15 property owners on Scranton's addition applied to the highway commissioner of Paris to discontinue Centre street from Hall street to Home street, which would cross the Smithers tract and reach to and a short distance upon the Scranton plat. Notice of this application was duly given to all the land-owners and occupants bordering on the line proposed to be discontinued. Notice was not given to persons on the Scranton plat south of Home street. The commissioner discontinued the piece of road between Home and Hall streets, and the owners of land between those two streets accepted the discontinuance, and have occupied, and to some extent improved, what was before in the line of the discontinued way. One Cook appealed to the town board, who sustained the commissioner's action, which was dated October 27, 1887. The certiorari in this case was sued out January 28, 1889, just 15 months after the action of the commissioner. The petitioner shows by his petition that since the discontinuance the old highway line has been appropriated and fenced in by private occupants, and he claims this works a hardship to him. He does not show when the land was so appropriated; but the return shows that very shortly after the order of discontinuance was made the owners of the Smithers tract platted it with streets parallel on each side, and not very distant from the...
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