Rood v. City of Detroit

• Court: Michigan Supreme Court
• Writing for the Court: CLARK C. J.
• Citation: Rood v. City of Detroit, 256 Mich. 547, 240 N.W. 41 (Mich. 1932)
• Decision Date: 04 January 1932
• Docket Number: Motion No. 233.
• Parties: ROOD v. CITY OF DETROIT.

256 Mich. 547

240 N.W. 41

ROOD

v.CITY OF DETROIT.

Motion No. 233.

Supreme Court of Michigan.

Jan. 4, 1932.

Appeal from Circuit Court, Wayne County, in Chancery; Ira W. Jayne, Judge.

Suit by John R. Rood against the City of Detroit. Decree directed for plaintiff. On certified questions under Court Rule 78.

Controlling questions answered.

Argued before the Entire Bench.

John R. Rood, of Detroit, amicus curiae.

Walter E. Vashak, Asst. Corp. Counsel, of Detroit (Clarence E. Wilcox, of Detroit, of counsel), for defendant.

CLARK C. J.

Certified questions under Court Rule 78.

Plaintiff filed bill to enjoin levying and collecting taxes assessed against his lands for a local improvement, planting trees in the street, and to enjoin the planting of trees. The bill also brings in a separate matter in which plaintiff alleges that the defendant city is ‘maintaining a public commercial nursery business,’ which also he seeks to enjoin.

The record shows the trees planted, the improvement made. This past event cannot be prevented by injunction. And, in this regard, upon the proofs, plaintiff is entitled to no relief under the bill, and no question can be based on this feature of the case, as to decide it would determine nothing.

The allegations of ‘maintaining a public commercial nursery business' are wholly refuted by the record. Plaintiff is entitled on his bill to no relief in this regard, nor can a question be raised on this feature of the case.

Remaining questions have relation to legality of the tax. The local improvement under the ordinance may be initiated by certain of the property owners or by the city. In either case, as the trial judge held in an opinion filed, and, as recognized by the common council in its preliminary resolution of necessity, the...