City of Pontiac v. Ducharme

15 Citing cases

  1. Sebewaing Industries v. Sebewaing

    337 Mich. 530 (Mich. 1953)   Cited 34 times
    Holding that a statutorily-created entity may exercise powers โ€œimpliedly conferred by statuteโ€

    We have held that the right of a city to acquire property includes the power to enter into a contract for its purchase. City of Pontiac v. Ducharme, 278 Mich. 474. We have also held that the Court will not intervene in the exercise of the granted discretion of public officials.

  2. Tally v. Detroit

    54 Mich. App. 328 (Mich. Ct. App. 1974)   Cited 12 times
    In Tally v. City of Detroit, 54 Mich. App. 328, 220 N.W.2d 778 (1974), aff'd on rehearing 58 Mich. App. 261, 227 N.W.2d 214 (1975), the Michigan Court of Appeals affirmed the facial validity of Detroit Ordinance No. 744-G in the face of a First Amendment challenge to the licensing requirements for Group "D" Cabarets. Relying on California v. Larue, [sic] the Michigan Court found that the City derived its power of home rule from the state and that the ordinance in question was a reasonable exercise of Detroit's Twenty-first Amendment authority to regulate local liquor traffic.

    Hudson Motor Car Co v Detroit, 282 Mich. 69, 78; 275 N.W. 770 (1937). The city is given a general grant of rights and power subject to certain restrictions City of Pontiac v Ducharme, 278 Mich. 474, 480; 270 N.W. 754 (1936). Under the provisions of the home rule act, the City of Detroit acted under its general police power, which includes authority from the state to regulate liquor.

  3. Sabaugh v. City of Dearborn

    384 Mich. 510 (Mich. 1971)   Cited 3 times

    After its adoption, the Court upheld the exercise of extra-territorial power on the basis of local necessities and conveniences without reliance on the "within or without" language contained in the Constitution. In City of Pontiac v. Ducharme (1936), 278 Mich. 474, a contract to purchase a sewage disposal site outside the city was held not to be ultra vires. In Village of St. Clair Shores v. Village of Grosse Pointe Woods (1947), 319 Mich. 372, plaintiff sought to enjoin defendant from owning and maintaining a park within plaintiff's boundaries.

  4. Dooley v. City of Detroit

    370 Mich. 194 (Mich. 1963)   Cited 18 times
    Upholding Detroit's income tax ordinance as an excise tax

    "(3) For the exercise of all municipal powers in the management and control of municipal property and in the administration of the municipal government, whether such powers be expressly enumerated or not; for any act to advance the interests of the city, the good government and prosperity of the municipality and its inhabitants and through its regularly constituted authority to pass all laws and ordinances relating to its municipal concerns subject to the Constitution and general laws of this State." See, also, Conroy v. City of Battle Creek, 314 Mich. 210; City of Pontiac v. Ducharme, 278 Mich. 474; City Commission of Jackson v. Hirschman, 253 Mich. 596; and Gallup v. City of Saginaw, 170 Mich. 195. The point here made is that under our Constitution and our home-rule cities act, cities may exercise substantially greater powers essential to local self-government than they previously were allowed to exercise.

  5. McVeigh v. City of Jackson

    56 N.W.2d 231 (Mich. 1953)   Cited 3 times

    Savidge v. Village of Spring Lake, 112 Mich. 91; Bay City Traction Electric Co. v. Bay City, 155 Mich. 393, 402; Salzer v. City of East Lansing, 263 Mich. 626. The city relies on City of Pontiac v. Ducharme. 278 Mich. 474; Morley Brothers v. Township of Carrollton, 305 Mich. 285; DiPonio v. City of Garden City, 320 Mich. 230, and like decisions, where bond issues had been approved, authority granted, and appropriations made. In none of them was it made to appear that decision depended upon whether a charter provision required a specific appropriation in order to justify the expenditure of public money.

  6. Stearn v. Williams

    72 Idaho 276 (Idaho 1952)   Cited 77 times

    A person who is engaged to render services for the government in a particular transaction is neither a public officer nor a public employee. City of Pontiac v. Ducharme, 278 Mich. 474, 270 N.W. 754; See LaChance v. Rigoli, 325 Mass. 425, 91 N.E.2d 204; Louisville, Evansville St. Louis Ry. Co. v. Wilson, 138 U.S. 501, 505, 11 S.Ct. 405, 34 L.Ed. 1023. Appreciation in value subsequent to the formation of a contract will not ordinarily afford ground for refusing performance by equity although it may make the performance of the two parties unequal.

  7. Hazel Park v. Municipal Fin. Comm

    317 Mich. 582 (Mich. 1947)   Cited 28 times
    In City of Hazel Park v. Municipal Finance Commission, 317 Mich. 582, we held that although Hazel Park's city charter provides for a 15-mill tax limitation for city purposes and for 3 additional mills for payment of certain bonds, nevertheless the above statutory provision must be read into that city's charter and that, in consequence, taxes shall be levied to pay bonds as due without regard to other statutory or charter rate limitations.

    "It is to be noted that the home-rule act for villages is one of general grant of rights and powers, subject, however, to stated restrictions and thereunder the charter may carry any provisions deemed proper for the municipal government not contrary to the Constitution or any general statute. See City of Pontiac v. Ducharme, 278 Mich. 474; Toebe v. City of Munising, 282 Mich. 1. No election is required for special assessment bonds for general village improvements of public moment and need. Nor is an election necessary for an issue of bonds for the village portion of local improvements, if within the designated percentage, or in the refunding of such bonds.

  8. Hays v. City of Kalamazoo

    316 Mich. 443 (Mich. 1947)   Cited 30 times
    In Hays v Kalamazoo, 316 Mich. 443 (169 ALR 1218) [ 25 N.W.2d 787 (1947)], the expenditure of general funds of a city for membership in the Michigan Municipal League, a private nonprofit corporation established to advise and lobby for cities and villages in the State, was upheld as being for a public purpose.

    " See, also, City of Pontiac v. Ducharme, 278 Mich. 474; Conroy v. City of Battle Creek, 314 Mich. 210. In Miller v. Michigan State Apple Comm., 296 Mich. 248, this Court upheld an act of the legislature imposing a tax on the privilege of marketing Michigan-grown apples.

  9. Conroy v. City of Battle Creek

    314 Mich. 210 (Mich. 1946)   Cited 18 times

    In City Commission of Jackson v. Hirschman, 253 Mich. 596, we held that the home-rule act not only states what the city may do but leaves many things to be implied from the powers conferred; that considering the purpose of the act, it should be construed liberally and in the home-rule spirit. In City of Pontiac v. Ducharme, 278 Mich. 474, we quoted with approval from Gallup v. City of Saginaw, 170 Mich. 195, stating in regard to the home-rule act: "The new system is one of general grant of rights and powers, subject only to certain enumerated restrictions, instead of the former method of only granting enumerated rights and powers definitely specified.

  10. City Commission v. City Attorney

    313 Mich. 644 (Mich. 1946)   Cited 10 times
    Holding that Article 8, ยง 24 of the 1908 Constitution authorizing a city or village to issue bonds under certain conditions to acquire or operate a public utility is not self-executing

    " See, also, People v. Sell, 310 Mich. 305; City of Pontiac v. Ducharme, 278 Mich. 474; City Commission of Jackson v. Hirschman, 253 Mich. 596. In Wood v. City of Detroit, 188 Mich. 547, 558, 559 (L.R.A. 1916 C, 388), we said: