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CITY OF DETROIT v. MICHIGAN BELL TEL. CO.

Calendar No. 69, Docket No. 50,088.

374 Mich. 543 (1965)

132 N.W.2d 660

CITY OF DETROIT v. MICHIGAN BELL TELEPHONE COMPANY.

Supreme Court of Michigan.

Rehearing denied March 1, 1965.

Certiorari denied November 15, 1965.

Attorney(s) appearing for the Case

Robert Reese, Corporation Counsel (Edward M. Welch, John H. Witherspoon, Robert D. McClear and William Dietrich, Assistant Corporation Counsel), for plaintiff.

Butzel, Eaman, Long, Gust & Kennedy (James M. Smith, Jack H. Shuler and Donald E. Brown, of counsel), for defendant Michigan Bell Telephone Company.

Fischer, Sprague, Franklin & Ford (Laurence M. Sprague, of counsel), for defendant Detroit Edison Company.

Amicus Curiae: Michigan Association of Municipal Attorneys, by William A. Ewart, City Attorney of Pontiac (Thomas E. Hunter, Deputy City Attorney of Pontiac, of counsel), Ralph B. Guy, Jr., Corporation Counsel of Dearborn, Allen G. Hertler, City Attorney of Royal Oak, and Louis C. Andrews, Jr., Attorney Michigan Municipal League.

Certiorari denied by Supreme Court of the United States November 15, 1965.

O'HARA, J. (dissenting).

The question presented in this case is whether a city which vacates dedicated streets and alleys in which private utilities have previously been granted the right to maintain their facilities and requires the removal thereof and reinstallation in other streets and alleys, has exercised its reasonable right of regulation under its police power or has taken...

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