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47 Mich. 469

Blodgett v. Whaley

Michigan Supreme Court

Decided January 18, 1882

Michigan Supreme Court · decided 1882-01-18

<p>Laying out highway — Desoi'iption—Notice.</p> <p>An order of a highway commissioner to lay out a highway beginning at a certain point- “running nearly in a northwesterly direction near where the travel is now seeking to get the best route ” to another specific,point, is void for the uncertainty in the description.</p> <p>The proceedings in laying out a highway cannot be sustained unless it appears that the statutory notice of the proceedings was given.</p>

Cited by 1 later decisions — most recently November 1908

1 state decisions

Relies on Names v. Commissioners of Highways of Olive & Robinson · People ex rel. Gray v. Highway Commissioner

Good law ✅— No negative treatment on recordhow we know

Decided 1882-01-18

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Cooley, J.

¶1The writ of certiora/ri in this case brings under review the proceedings on laying out. a highway in *470the township of Clam Labe. On inspection the proceedings-appear to be fatally defective for two reasons:

¶21. The description of the proposed route is uncertain and for that reason insufficient. In all the papers it is as follows: “In the township of Clam Lake, Wexford county, Michigan, commencing three rods south of the quarter post on the east line of section ten in said township, running-nearly in a northwesterly direction, near where the travel is-now seeking to get the best route, continuing the said highway till it gets to the limits of the city of Cadillac.” No-survey appears, and no monuments except as indicated in this description. A line “ near ” a route not yet found, but-which “ travel is now seeking,” must be as uncertain a line-as ingenuity could well suggest.

¶32. It does not appear’ that notice of the application to layout the highway was ever given. There is no proof of notice-on file, and plaintiff in error denies having received any. The absence of proof of notice is fatal. Gray v. Commissioner of Highways 40 Mich. 165; Names v. Commissioners of Highways 30 Mich. 490.

¶4The proceedings must be quashed.

The other Justices concurred.
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