Mills v. City of Detroit

• Decision Date: 21 April 1893
• Citation: 54 N.W. 897,95 Mich. 422
• Court: Michigan Supreme Court
• Parties: MILLS v. CITY OF DETROIT et al.

54 N.W. 897

95 Mich. 422

MILLS v. CITY OF DETROIT et al.

Supreme Court of Michigan

April 21, 1893

Appeal from circuit court, Wayne county, in chancery; George S Hosmer, Judge.

Suit by Merrill B. Mills against the City of Detroit and Charles K Trombley to enjoin the collection of a sewer assessment. From a decree in favor of plaintiff, defendants appeal. Affirmed.

John J. Speed, (Thomas T. Leete, Jr., of counsel,) for appellants.

H. E Spalding, for appellee.

LONG, J.

This suit is to enjoin the collection of a sewer assessment, on the ground that the original ordering of the sewer, as well as the subsequent laying and levying of the assessment to pay for it, were illegal. It appears that the matter was first brought to the attention of the common council by a petition. The board of public works, to which it was referred recommended that the petition be granted, without giving any estimate of the cost of construction. The council, without any other report or any further information in the matter and at the same session, ordered it built. Bids were advertised for, and only one bid made, which was $1.29. This was rejected because of its being the only one made. Later the board of public works reported that the lowest bid was $1.35, and the committee to whom it was referred recommended that a contract be made with this bidder. This was refused and the common council directed a readvertisement. This was never had; but the committee again reported that the contract be made with the former bidder, and a resolution was adopted directing the contract. The contract was made accordingly. There is nothing in the proceedings showing that at this time the council had ever had any estimate of cost before it, or the extent of the work to be performed. The city charter provides: "When any public improvement (except the opening of public streets) or public work is proposed, the common council shall, before proceeding with the same, refer the matter to said board of public works, and the board last named shall forthwith proceed to examine the same, and shall, as soon as practicable, report thereon to the common council, giving detailed estimates of the costs of such work or improvements, if any costs there will be, and shall make such recommendation as said board of public works shall deem expedient." Detroit Charter 1886, p. 188; 3 Sess. Laws of 1873, p. 180. This provision was construed in Butler v. Detroit, ...