Knibbe v. City of Warren
| Decision Date | 25 January 1966 |
| Docket Number | No. 2,No. 688,688,2 |
| Citation | 2 Mich.App. 241,139 N.W.2d 344 |
| Parties | Klass KNIBBE, Plaintiff-Appellee, v. CITY OF WARREN, Macomb County Michigan, a Michigan Municipal Corporation, Defendant-Appellant. Cal |
| Court | Court of Appeal of Michigan — District of US |
Emil E. Cardamone, City Atty., Robert F. Cella, Asst. City Atty., Warren, for appellant.
William v. Wendt, Johnston & Wendt, Mt. Clemens, for appellee.
Before LESINSKI, C. J., and McGREGOR and QUINN, JJ.
Defendant appeals from an order of the circuit court for the county of Macomb dated March 11, 1965. This order enjoined defendant from enforcing, with respect to plaintiff, its resolution requiring payment of certain sewer tap fees before property owners may connect to city of Warren's sewer system. The resolution involved was passed by defendant's council January 13, 1959.
In its brief, defendant states two questions involved on this appeal, but it is the opinion of this court that they can be combined into one question, namely: is plaintiff entitled to sewer tap permits on payment of the fees required therefor by defendant on December 18, 1958?
This is a controversy of long standing. A short summary of its development is required. In 1941, plaintiff was the owner of a trailer park in Warren township, now defendant. By 1949, he acquired additional land continguous to the trailer pakr. In 1951, while developing the additional land for trailer park purposes, he applied for meter, inspection and sewer permits for the additional property and paid the required fees. The permits were issued and defendant began a sewer installation to the property. Defendant terminated this work before completion, and on August 22, 1956, defendant revoked the permits and returned the fees. Further applications for permits were refused, and plaintiff finally petitioned Macomb county circuit court for a writ of mandamus to require the issuance of permits. After hearing on the merits, the writ of mandamus issued December 18, 1958. Defendant appealed and the trial court was affirmed. Knibbe v. City of Warren (1961), 363 Mich. 283, 109 N.W.2d 766. Thereafter defendant issued plaintiff the permits at the rates existing prior to January 13, 1959, the date defendant passed the resolution on sewer tap fees. This resolution raised the fees to $200 per unit for trailer parks. December 7, 1964, defendant ordered plaintiff to cease work on the additional land until the increased permit fees were paid. Plaintiff petitioned Macomb county circuit court for an order to show cause why defendant should not be held in contempt for violation of the judgment of December 8, 1958. This matter was heard March 1, 1965 and resulted in the order here appealed from.
The controlling principle of law was clearly set forth in Wales v. Lyon (1851), 2 Mich. 276:
...
To continue reading
Request your trial
-
Local 98, Detroit, Mich., of United Ass'n of Journeymen and Apprentices of Plumbing and Pipefitting Industry of U.S. and Canada, AFL-CIO v. Flamegas Detroit Corp., AFL-CI
...(Emphasis supplied.) Ashe v. Swenson, 397 U.S. 436, 443, 90 S.Ct. 1189, 1194, 25 L.Ed.2d 469, 475 (1970); see Knibbe v. City of Warren, 2 Mich.App. 241, 139 N.W.2d 344 (1966). Thus, application of this doctrine requires (1) identity of parties and (2) identity of For collateral estoppel pur......
-
Simpson v. Garrett
...privies. See City of Troy Bldg. Inspector v. Hershberger, 27 Mich. App. 123; 183 N.W.2d 430, 432-33 (1970); Knibbe v. City of Warren, 2 Mich. App. 241; 139 N.W. 2d 344, 346 (1966).CONCLUSION For the foregoing reasons, IT IS ORDERED that Plaintiff's Motion for Temporary Restraining Order, or......
-
Long Island Court Homeowners Ass'n v. Methner
...established that parties or privies are bound by a judgment and may not relitigate a matter once litigated. Knibbe v. City of Warren, 2 Mich.App. 241, 244, 139 N.W.2d 344 (1966). Defendant's equal protection claim is likewise unavailing. A reasonable and justifiable classification resulting......
-
People v. Sharp, Docket No. 2511
...Point, once litigated and determined, is conclusive between parties, or their privies." (Emphasis supplied) Knibbe v. City of Warren (1966), 2 Mich.App. 241, 244, 139 N.W.2d 344, 346. Michigan has recognized the doctrine of Res judicata in criminal prosecutions. People v. Albers (1904), 137......