McGRATH, J.
This is
a bill to restrain the city of Detroit from interfering with
the occupancy by complainants of stalls in the Central
Market. The bill sets forth that since 1806 the city of
Detroit, by virtue of its charter provisions, has always
maintained a Central public market. That in July, 1848, a
portion of Michigan Grand avenue was vacated for the purposes
of a public market. That in August, 1848, the common council
set apart the space so vacated as a public market. That ever
since that time such space has been occupied with buildings
used for market purposes. That "in 1889 the city
constructed a new market building on the site of the Central
Market, between Bates street and the Campus Martius, at a
cost of nearly $50,000, with a basement, and above it three
stories, the lower one to be occupied for a meat market, and
the second and third one by offices, halls, and court rooms
which said building is still standing, and occupied for the
purposes aforesaid. The space before mentioned between Bates
and Randolph streets has been from the time of the location
of the market on said street as aforesaid occupied as a
vegetable and fish market, and is so occupied at the present
time." That the public markets of said city are governed
and controlled by ordinance. That said ordinance declares the
space so vacated and occupied as aforesaid, with others
therein, to be public markets, and contains the following
provisions: "Sec. 2. The city comptroller and the
committee on markets shall recommend, and the common council
in the month of February of each year, shall estabblish and
grade, the minimum rent to be paid per month upon all the
meat stalls and vegetable and fish stands in the public
markets. It shall be the duty of the comptroller, on or
before the first day of April in each year, to lease to
responsible and proper persons all stalls and stands which
may be applied for, for the term of one year from said April
1st; but no stall or stand shall be leased at any time at a
rent below the minimum established by the common council. Any
stall or stand which shall not be rented on or
before the fifth day of April may at any time be rented by
the comptroller to any responsible person for a period not
extending beyond the first day of April of the following
year. No person shall be allowed to rent more than one stall
or stand. (As amended September 25, 1888.) Sec. 3. All rents
of stalls or stands in the public markets of the city shall
be paid monthly in advance; and each lessee shall, with one
or more sureties, to be approved by the comptroller, enter
into a lease with the city of Detroit, conditioned for the
payment of rent in the manner herein provided, and for the
faithful observance and subject to the penalties of the
provisions of this and all other ordinances relative to the
public markets of the city. Sec. 4. The comptroller shall
deliver to the clerk of the Central Market
and to the officers in charge of the other markets, a monthly
roll of the amounts due for rents to the city from persons
occupying stalls and stands in the public markets, and it
shall be the duty of the clerk and such other officers to
collect the same promptly." That complainants have been
occupants of certain stalls, naming them, for many years.
That prior to 1884, "complainants entered into written
leases with said city of Detroit, as provided for in said
ordinance, but since the year 1884 no such lease has ever
been made or requested to be made by them, or either of
them;" a copy of which is annexed. "Complainants
aver that their tenancy is now, and always has been, a
tenancy from year to year. That they have always paid the
rent agreed upon in advance, and have in no way violated any
of the terms and conditions of their said leases or of the
said ordinances. That on or about April 1, 1892, said
Fitzpatrick Bros. paid to the market clerk of said city the
sum of $360, being the rent of said stall No. 16 for the year
ending March 31, 1893, which was accepted by said market
clerk, who gave a receipt to said Fitzpatrick Bros. for the
same. That said Anthony Petz and said John Glynn, on or about
April 5, 1892, paid said market clerk the amount of their
monthly rental of said stalls for the month of April, 1892,
and on or about May 5, 1892, the monthly rental of said
stalls for the month of May, 1892.
Complainants aver that the occupancy of their respective
stalls, as aforesaid, continued after the 31st day of March,
1892, and up to the 31st day of May, 1892, without any notice
to them of any intention on the part of said city to
terminate their said leases before the expiration of the year
ending March 31, 1892, and with the full expectation and
belief that they would continue in the peaceful enjoyment and
occupancy of the said premises for that period of time, and
they paid their rent with that expectation and belief."
That at a session of the common council held February 16,
1892, the following resolution was offered and referred to
the committee on markets: "Resolved, that the market
clerk be, and the said market clerk is hereby, directed to
not receive rents for the stalls in the Central Market
building now occupied by the butchers only until June 30,
1892." That on March 29, 1892, said committee reported
to the council that we "are of the opinion that it would
be injudicious to advocate the removal of the Central Market
at the present time, as the same cannot be removed until the
bonds are canceled; and, as no one has appeared before your
committee to advocate the removal of the same, we are unable
to see why the revenue derived from the rental of these
stalls should be stopped at the present time. Your committee
further believe that the council have no power to act in the
matter before the bonds are canceled." That the said
report was adopted by the council. That at the same meeting
of the council the committee on markets and the comptroller
reported a schedule fixing the rents of stalls in the Central
Market, to take effect April 1, 1892. That said report was
laid upon the table. That on April 19, 1892, at a meeting of
said common council, the last-mentioned report was taken from
the table, and the following resolution was offered as a
substitute: "Resolved, that all stalls and stands in the
Central Market shall be occupied under a lease
from the city for one year, the rental of the same to be paid
monthly in advance, and the leases shall be given under the
express condition that the same may be terminated at any time
upon one month's written notice from either party to the
lease; and, further, that the following schedule for the
rental of stalls and stands for the ensuing year be, and the
same is hereby, adopted." That such substitute was
adopted. That at a meeting of the council held April 26,
1892, the comptroller reported the rents collected by the
market clerk, including these paid by complainants as
aforesaid. That said report was referred to the committee on
ways and means, who reported to the council at a meeting held
May 3, 1892, that the said amounts had been collected without
authority, and recommended that said amounts, less accrued
rents, be returned. That said report was adopted, and by
resolution warrants were ordered drawn in favor of said
parties for the amounts so paid, deducting from each the rent
that had accrued. That at a meeting of said council held May
24, 1892, the following preamble and resolution were adopted:
"Whereas, as all the stalls and stands in Central Market
are occupied under a lease from the city for one year from
April 1, 1892, upon the express condition that such leases
may be terminated at any time, upon one month's written
notice from either party to the lease; and whereas, the city
of Detroit, one of the parties to such lease, is desirous to
terminate all such leases at the earliest possible moment
after July 1, 1892: Therefore be it resolved, that the city
comptroller be, and is hereby, directed to serve a written
notice on behalf of the city of Detroit upon each and every
occupant of a stall or stand in said Central Market that
leases of such stall or stand will be terminated at the
expiration of one month from the date of service of such
notice. And further resolved, that the market clerk be, and
is hereby, instructed to receive no rent for such stall or
stand for any term or terms after service of such notice by
the city comptroller." That notices in accordance
with the terms of said resolution were served
upon complainants. That at a meeting of said common council
held June 28, 1892, the following ordinance was adopted
"Section 1. That the squares and spaces of ground in the
city of Detroit, 50 feet in width, between the east line of
Campus Martius and the west line of Bates
street, and between the east line of said Bates street and
the west line of Randolph street, with the buildings thereon
situated, heretofore used for market purposes, and known as
'Central Market,' be, and the same are hereby,
vacated as a public market, and the further use thereof and
the grounds and buildings thereon for such market purposes is
hereby discontinued, and that said grounds and land upon
which the buildings are located be, and the same are hereby,
set apart and dedicated as a public park, such dedication to
take effect as soon as the buildings thereon are removed.
Sec. 2. All ordinances and parts of ordinances inconsistent
with the...
