Union Trust Co. v. Common Council
Union Trust Co. v. Common Council
Opinion of the Court
In planning and providing for sewers for that portion of the city of Detroit which was previously known as Fairview, it was found necessary to include a pumping station and pumps. The commissioner of public works asked the council and the board of estimates for an appropriation in the following language:
“Newly annexed district, Fairview, for constructing to Connor’s creek, sewer and outlet, $100,000. For pumping station and machinery, $60,000.”
This was referred to the committee on estimates, and it was reported by said committee in the same language. This report was unanimously adopted by the council, and the amount was raised by tax in the year 190?. Thereupon the commissioner of public works entered into a contract for a site for the pumphouse, for the sum of $20,000, and this was confirmed by the council September 8, 1908. Thereupon the complainants filed the bill in this cause, and procured a decree restraining the payment for said site, and the defendants have appealed.
Oral testimony was given showing that the city engineer made the estimate, and that from such estimate remaining in his office it appeared that he did not include any sum for a site. It also appeared by testimony that the sums recommended were found insufficient to pay for the construction of the sewer and the erection of the pumphouse and machinery, and the city engineer has asked for $102,000 in addition to the $160,000 raised, in which he includes $20,000 for a site. The engineer testi
The decree is reversed, and the bill dismissed, with costs of both courts.
Reference
- Full Case Name
- UNION TRUST CO. v. COMMON COUNCIL OF CITY OF DETROIT
- Status
- Published