Powers v. City of Grand Rapids

• Decision Date: 09 January 1894
• Citation: 57 N.W. 250,98 Mich. 393
• Court: Michigan Supreme Court
• Parties: POWERS v. CITY OF GRAND RAPIDS.

57 N.W. 250

98 Mich. 393

POWERS v. CITY OF GRAND RAPIDS.

Supreme Court of Michigan

January 9, 1894

Appeal from superior court of Grand Rapids, in chancery; Edwin A Burlingame, Judge.

Suit by William T. Powers against the city of Grand Rapids to set aside a sale of land for assessments for street improvements and to remove the cloud from plaintiff's title. The bill was dismissed, and plaintiff appeals. Affirmed.

More & Wilson, for appellant.

Wm Wisner Taylor, for appellee.

McGRATH C.J.

One of the east and west streets of the city of Grand Rapids extends across Grand river. West of the river, it is known as "West Bridge Street," and on the other side as "East Bridge Street." A bridge extending from bank to bank connects the two sections. The westerly terminus of the bridge is about 125 feet west of the dock line. The street is 66 feet in width, but the bridge is but 42 feet wide over all. The roadway in the center of the bridge is 24 feet wide, and there is a foot passageway 8 feet wide on each side. Plaintiff owns the river front on each side of the western terminus of the bridge, and has constructed and maintained for some time, between the dock line and the original river bank, a mill race, which is used to furnish power to factories in the vicinity. Over the east bank of this race or canal, on the south side of the bridge plaintiff has built a brick building which faces the bridge; and upon application to the common council that body caused the removal of the south rail of the bridge, giving plaintiff access to said building from the southerly footway of said bridge. Plaintiff has constructed a private bridge over the race, giving him access to the rear of said building from Front street, which runs north and south near the westerly terminus of the bridge, and intersects West Bridge street. The common council, in April, 1891, declared the paving of West Bridge street, from the west line of Jefferson street to the bridge, a necessary public improvement. The contract was let, and the work done. The council fixed the assessment district as follows: "All lots, parts of lots, and pieces of land included within the west line of said Jefferson street, and the dock and building line on the west side of said river, as established by the legislature of the state of Michigan, and extending back from said West Bridge street, on either side thereof, a distance of 132 feet, excepting from said described district all public streets and alleys." The district so fixed...