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Grade Separation Enjoined and Closing of First St.

Grade Separation Enjoined and Closing of First St. image
Parent Issue
Day
13
Month
March
Year
1903
Copyright
Public Domain
OCR Text

GRADE SEPARATION ENJOINED AND CLOSING OF FIRST ST.

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The Great Legal Fight Over Grade Separation Commenced

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Attorney for Dean & Co. Claim the City Has Not Followed the Charter in Attempting to Close First Street

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The legal fight over grade separation is now on. An injunction was issued Saturday morning temporarily restraining it. Dean & Co. are the parties to make the move and their attorney is Jasper C. Gates, one of the best corporation attorneys in Detroit.

Sedgwick Dean and Henry S. Dean commenced a suit in the circuit court today against the Ann Arbor Railroad Co., the city of Ann Arbor, the mayor and the aldermen individually and Daniel Ross, street commissioner. They sue as the owners of three lots on First street between Willliam and Liberty streets, on which they have carried on business for more than 20 years. They claim:

That First street has been open for public travel for more than twenty years.

That the Ann Arbor railroad in confederacy with the other defendants, are making preparations to build a 12-foot embankment in front of their premises in such a manner as to deprive them of the use of the street.

That First street was platted years ago and that Dean & Co. purchased their lots with reference to such street and plat.

That the defendants sometimes pretend that First street is no longer a public street, basing their contention on an alleged ordinance, which it is claimed is null and void for the reason that Section 75 of the charter provides that no street shall be vacated or private property taken for public use unless by the concurring vote of two-thirds of all the members-elect of the common council, and only nine of the fifteen members voted for the alleged ordinance.

That said ordinance is void because Section 137 of the charter has not been followed, which provides how the city may vacate a street.

That the council have not proceeded under the provisions of the charter or attempted to comply with it.

That the closing of First Street would inflict great injury on their business.

That the Ann Arbor railroad have taken up a private switch belonging to Dean & Co.

A temporary injunction has been secured restraining the railroad or the city officials from building the proposed embankment or digging up or encumbering the street at any point between William and Liberty streets or in any manner obstructing it.

The bill also asks a decree of the court compelling the defendants to keep First street between William and Liberty street in good repair and reasonably safe and fit lor public travel.