Allen v. State Highway Commissioner

61 N.W.2d 625, 338 Mich. 407, 1953 Mich. LEXIS 336
CourtMichigan Supreme Court
DecidedDecember 29, 1953
DocketDocket 31, Calendar 45,731
StatusPublished
Cited by14 cases

This text of 61 N.W.2d 625 (Allen v. State Highway Commissioner) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Allen v. State Highway Commissioner, 61 N.W.2d 625, 338 Mich. 407, 1953 Mich. LEXIS 336 (Mich. 1953).

Opinions

Reid, J.

The individual plaintiffs filed the bill of complaint in this case to enjoin defendants from prohibiting parking of vehicles at the curb on the north half of US 16 between Charles street and Haslett street in East Lansing and from continuing to maintain “no parking” signs at such location along such, street, and praying that CL 1948, § 750.498 (Stat Ann 1951 Cum Supp § 28.766) and PA 1949, No 300, § 675(d), as amended by PA 1951, No 47 (Stat Ann 1951 Cum Supp § 9.2375 [d]) be declared unconstitutional and that a certain traffic order hereinafter set forth, dated May 3, 1951, be declared null and void. The city of East Lansing intervened as plaintiff. Prom a decree for plaintiffs, the defendiants appeal.

[410]*410This suit involves a difference between the State authorities and the city government of East Lansing co-operating with owners of lands abutting on US 16, over the control of the trunk line road through East Lansing, so far as concerns parking of vehicles along the north half of US 16 in East Lansing.

It is a matter of historical knowledge that from a period early in the history of Michigan there existed a wagon road known as Grand Biver road, from Detroit to the banks of the Grand river at what is now the city of Lansing. This highway known now as US 16 was a trunk line in fact from an early history of the State. East Lansing gave up control of Grand Biver avenue to the county road commission in 1924 as part of the county road system. Later the State highway department succeeded to the county road commission in control of the trunk line.

PA 1913, No 334, § 2, div 9 (CL 1948, § 250.2 [Stat Ann § 9.862]), provided for the establishment of the street or highway in question as a State reward trunk line highway.

Later enactments provided further as to this trunk line.

Subd (d) of PA 1949, No 300, § 675, as amended by PA 1951, No 47 (Stat Ann 1951 Cum Supp .§ 9.2375), is as follows:

“The State highway commissioner with respect to State trunk line highways and the county road commission with respect to county roads, acting jointly with the commissioner of the Michigan State police, may place signs prohibiting or restricting the stopping, standing, or parking of vehicles on any highway where in the opinion of said officials as determined by an engineering survey, such stopping, standing, or parking is dangerous to those using the highway or where the stopping, standing, or parking of vehicles would unduly interfere with the free [411]*411movement of traffic thereon. Such signs shall he official signs and no person shall stop, stand, or park any vehicle in violation of the restrictions stated on such signs. Such signs shall be installed only after a proper traffic order is filed with the county clerk.”

CL 1948, § 750.498 is as follows:

“Upon request of any township board, county road commission, or the officials of any incorporated city or village, or upon their own initiative, the State highway commissioner and the commissioner of public safety, acting jointly may investigate or cause to be investigated the traffic conditions on any State trunk line highway within this State, and, if upon such investigation they shall find it in the interest of public safety and convenience, they may direct the said State highway commissioner, township board, county road commission, city or village officials, to erect and maintain, take down, regulate or control such parking, speed and traffic control signs, signals or devices as the said State highway commissioner and commissioner of public safety shall designate, and in default thereof, said State highway commissioner and commissioner of public safety shall be authorized to cause such designated signs, signals and devices to be erected and maintained, taken down, regulated or controlled, in the manner previously directed, and pay for same out of the highway fund designated. A public record of any and all such traffic signs, signals or devices so authorized shall be kept in the office of the State highway commissioner. Any person who shall, on any State trunk line highway in any township, city or village, fail to observe any parking, speed or traffic signs, signals or devices authorized as aforesaid, shall be guilty of a misdemeanor, and upon conviction shall be punished by a fine of not more than 100 dollars or by imprisonment in the county jail for not more than 10 days or [412]*412by both such fine and imprisonment in the discretion of the court.”

Exhibit A of the record in this case is as follows:

“Michigan State Highway Michigan State Police
Department Donald S. Leonard
Charles M. Ziegler Commissioner
State Highway Commissioner
“State of Michigan
“State Seal
“6. County Cleric
“Traffic Control Order
“Order No. P33-183-51 Effective Date June 1,1951.
“In accordance with law we have jointly caused to be investigated traffic conditions on State trunk line highway US 16 in the city of East Lansing in Ingham county, and in the interest of public safety and convenience hereby direct the officials of said Michigan State Highway Department, Michigan State Police, city of East Lansing and Ingham county to erect, maintain and enforce sufficient and suitable signs upon and along said highway prohibiting traffic from parking at any time within the right of way of the south half of State trunk line highway US 16 between the westerly limit (Coolidge road) of the city of East Lansing and the easterly limit (Milford street) at said city; parking at any time within the right of way of the north half of State trunk line highway US 16 between the said westerly limit and •a point 264 feet west of Evergreen avenue; and parking at any time within the right of way of the north half of State trunk line highway US 16 between M.A.C. avenue and the said easterly limit of said city.-
“It is directed that this order be filed in the office of the State highway commissioner of the State of [413]*413Michigan and a copy thereof in the office of the commissioner of the Michigan State police.
“Donald S. Leonard
Commissioner of the Michigan State Police
“Dated May 3,1951
““Charles M. Ziegler State Highway Commissioner of the State of Michigan
“Dated May 3,1951”

In Bowers v. City of Muskegon, 305 Mich 676, we say at page 685:

“The failure of plaintiffs to show that the ordinance is arbitrary, unreasonable, discriminatory or one for the purpose of raising revenue compels us to affirm the trial court in dismissing plaintiffs’ bill of complaint.”

This was a case where the right of the city to erect parking meters on streets not spoken of as trunk line streets, was questioned. This case was decided before the passage of the statutes so far as affects installation of parking meters and placing of signs controlling traffic on State trunk lines is concerned, and before the making of the order complained of in the instant case.

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Allen v. State Highway Commissioner
61 N.W.2d 625 (Michigan Supreme Court, 1953)

Cite This Page — Counsel Stack

Bluebook (online)
61 N.W.2d 625, 338 Mich. 407, 1953 Mich. LEXIS 336, Counsel Stack Legal Research, https://law.counselstack.com/opinion/allen-v-state-highway-commissioner-mich-1953.