Dearborn v. Allen Park

6 Citing cases

  1. Afscme v. McKervey

    62 Mich. App. 689 (Mich. Ct. App. 1975)   Cited 3 times
    In McKervey, this Court interpreted the arbitration act to be in pari materia with PERA. This Court noted that § 7 of PERA allowed mediation of individual grievances and, thus, concluded that individual contractual disputes could properly be brought under the arbitration act.

    Finally, in the recent case of Mt. Clemens Fire Fighters Union Local 838, IAFF v City of Mt. Clemens, 58 Mich. App. 635; 228 N.W.2d 500 (1975), this Court affirmed an order of the Michigan Employment Relations Commission which compelled arbitration, pursuant to a contractual arbitration procedure, of a contractual dispute involving firefighters. We do not address another issue raised by plaintiff, because it was not properly raised at the trial level, Dearborn v Village of Allen Park, 348 Mich. 449; 83 N.W.2d 447 (1957). Reversed and remanded.

  2. Falk v. Civil Service Commission

    57 Mich. App. 134 (Mich. Ct. App. 1974)   Cited 11 times

    The principle is firmly established that even a constitutional question which has not been raised below will not be passed upon on appeal. Wanstead v Fisher, 278 Mich. 68; 270 N.W. 218 (1936); Makar v People's Wayne County Bank of Dearborn, 284 Mich. 489; 280 N.W. 31 (1938); Jesiek v Banfield, 286 Mich. 440; 282 N.W. 429 (1938); Diggs v State Board of Embalmers Funeral Directors, 321 Mich. 508; 32 N.W.2d 728 (1948); Mitchell v Grewal, 338 Mich. 81; 61 N.W.2d 3 (1953); Brookdale Cemetery Assoc v Lewis, 342 Mich. 14; 69 N.W.2d 176 (1955); and Dearborn v Village of Allen Park, 348 Mich. 449; 83 N.W.2d 447 (1957). This principle has been applied to constitutional attack urging denial of due process.

  3. Williams v. County of Bay

    117 N.W.2d 28 (Mich. 1962)   Cited 2 times

    Defendants reason that if township electors outside the area to be annexed are not permitted by statute to vote on the annexation question then it must follow that they are not qualified to sign petitions therefor. Support for their position is said to be found in City of Dearborn v. Village of Allen Park, 348 Mich. 449. There petitions were filed for incorporation as a city of a village and adjacent uninhabited township territory. This Court quoted from the above noted section of the statute, the following:

  4. Village of Inkster v. Wayne Suprs

    108 N.W.2d 822 (Mich. 1961)   Cited 3 times

    The defendant township, on the other hand, relies upon section 9 of the home-rule city act of 1909 (CLS 1956, § 117.9 [Stat Ann 1959 Cum Supp § 5.2088]); recently considered in Cavanagh v. Calhoun County Board of Canvassers, 361 Mich. 516, and particularly upon the proviso which, by PA 1931, No 314, was added to that section. Citing Bray v. Stewart, 239 Mich. 340; Presque Isle Prosecuting Atty. v. Rogers Township, 313 Mich. 1; City of Dearborn v. Village of Allen Park, 348 Mich. 449; and Ford Motor Co. v. Village of Wayne, 358 Mich. 653, the defendant township alleges that the questioned election and its certified result effectively incorporated such new city. The proviso reads: "Provided, however, that when a territory is proposed to be incorporated as a city only the residents of the territory to be incorporated shall vote on the question of incorporation."

  5. Ford Motor Co. v. Village of Wayne

    101 N.W.2d 320 (Mich. 1960)   Cited 8 times
    In Ford Motor Company v. Village of Wayne, 358 Mich. 653, the statutory provisions concerned were discussed, and interpreted in accordance with prior decisions cited.

    Incorporation as a city of the area concerned means incorporation of a new municipality, of that rank, from township territory. In City of Dearborn v. Village of Allen Park, 348 Mich. 449, plaintiffs sought injunctive relief to prevent the incorporation of the village of Allen Park, and contiguous territory in the same township, as the city of Allen Park. The petition presented to the board of supervisors for the submission of the question of such incorporation was found to be sufficient, and said board adopted a resolution so declaring and fixing a date for the holding of an election in the district affected thereby. Thereupon plaintiffs instituted suit to set aside the resolution of the supervisors and for injunctive relief against the election ordered. It was the claim of the plaintiffs in the case that the petition filed was fatally defective in that the boundaries of the proposed new city would embrace all lands lying within the existing village of Allen Park, with additional uninhabited lands outside of said village. It was insisted that inasmuch as there were no residents of the territory outside the village that it was necessary under the statute that the peti

  6. Farmington v. Boundary Comm

    33 Mich. App. 148 (Mich. Ct. App. 1971)   Cited 1 times

    The Township argues very logically that if the foregoing is a consolidation, then the following must also be a consolidation; to wit, one village together with additional territory not included within any incorporated city or village into one city. The township then cites the Rogers City case and City of Dearborn v. Village of Allen Park, 348 Mich. 449, and Ford Motor Company v. Village of Wayne, 358 Mich. 653. In each of these cases the Supreme Court in effect held that the latter situation was an incorporation.