*1 public question being costs, without a Affirmed, Sharpe, Smith, Edwards, Voelker, Kelly, Carr, concurred. JJ., Black, v. BROZOWSKI CITY OF DETROIT. Municipal Corporations —Official Master 1. Plan —Park Land— Conveyances. city prohibited selling park
A liome-rule is not land not required under an official master required nor adopt plan (CLS 1956, §117.5; Charter, such Detroit 3, 1, 12). title ch § City Conveyance 2. Same —Home-Rule — of Park Land for Chil- Center. dren’s Conveyance city park county, of 4.32 land to within whieh located, proposed as site children’s shelter of held, county probate power court wards within of home- by resolution, primary rule council to order where lia- bility upon majority children is county’s body legislative legis- consisted of members body (CLS 1956, lative §117.5; Charter, 3, 1, 12). title eh § City Conveyance 3. Same —Home-Rule of Park Land —Chil- Shelter. dren’s legislative body A comprised whose 52% body county legislative conveyed to whieh 4.32 aeres city park land as site children’s shelter of wards prop- court was a erty city public for a definitely service and use References for Points in Headnotes Jur, Municipal Corporations 38 Am §487; Jur, Parks, Am39 [1-3] Squares, Playgrounds § of Detroit. operation relinquish of the shelter control and did eity liability primary had a for whose care for children Charter, (CLS 1956, §117.5; title under its charter 17, 13). eh 12; title ch *2 4. Same —Deeds—Resolution—Ordinances. eity to within located of land which Deed by fact council’s action of was not invalid reason by than by resolution rather ordinance. was taken City County—Convey- 5. Costs —Public Question —Home-Rule ances —Children’s Center. exercising enjoin county from No costs are allowed suit to eity conveyed by ownership acts of over land to it public ques- nullify deed, a as site for children’s center and being tion F.),
Appeal Wayne; (Thomas Maher J. from (Docket Calen- No. Submitted October dar 1957. 47,071.) No. Decided December Brozowski, Bill John J. Brozowski and Anna J. individually and and in all Detroit citizens behalf of taxpayers, against City Detroit and the Coun- of ty corporations, nullify Wayne, municipal to latter for both of of deed the former to the juve- nondelinquent purpose establishing of area appeals. housing. Bill Plaintiff nile dismissed. Affirmed. Philip plain-
Eugene O’Leary Oillis, for A. and A. tiffs. Dioyer, Corporation
Paul T. and Robert Counsel, Corporation Reese, defendant Counsel, Assistant city. Attorney, Prosecuting Olsen, H. Hobart
Samuel Foley, Taylor, Jr., and Thomas J. Assistant Prose- Attorneys, county. cuting for defendant individually taxpayers, Plaintiffs, J. Kelly, taxpayers all citizens of the on behalf of and city enjoin brought the coun- of an action to Detroit, ownership any ty Wayne exercising acts . over land located in Patton Memorial Park and from interfering any enjoy- the use and manner with by plaintiffs ment of Patton Memorial Park other Detroit, residents and citizens given by nullify and to a deed county Wayne, covering land located within appeal Patton Memorial Park. Plaintiffs from a de- judge cree entered Hon. Maher, Thomas P. circuit county Wayne, dismissing for the their bill complaint.
In 1920the condemnation in fee acquired 96 acres land which since that time has park purposes, being been used for referred to as George Memorial Patton Park. years past
For several there has existed urgent neglected need shelter to house jurisdiction abandoned children who come under the county Wayne, court for present nondelinquent housing facilities these *3 juveniles being totally inadequate. request At the n ofofficials of the juvenile of the division commission conducted city plan court, the Detroit a study pro- to location a determine a suitable for .site posed shelter. $350,000 August 2, 1954,, On the director of the assistant city plan commission wrote the Detroit common advising city plan council that the had commission considered sites and recommended several approval approximating of a site 4.32 acres located approval by in Patton Park. The the of site the plan telephone poll of a was the commission result of 6 of the 9 members of the commission. July 27, 1954,
The Detroit common council on or- by that of 4.32 acres the 96 acres dered, resolution, county constituting Patton Park be the deeded Wayne express purpose erecting a of dren’s welfare shelter The deed for chil- nondelinquent
for children. duly pursuant to said reso- executed, was ok Detroit. August and delivered'to the lution, 5,1954, on n Wayne. a consideration of $1 The deed recited fact, $1, and other valuable considerations. The paid. has been plaintiffs herein commenced On March 2,1955,
n suit bill of by complaint an order to cause show Wayne county circuit was issued court. 29, 1955, March common council resolved
On July 27, 1954, that it intended acts its plan delete of the for the 4.32 acres master Detroit. common further The council resolved quitclaim and that the to the land be deleted deed n county Wayne August dated be ratified. 5,195*4, adopted comprehensive The of Detroit mas- improvement plan development ter for the n city. Insofar as it affected Patton Park the master plan up July changed been had not until 'The so-called master is plans in fact a which have been series submitted city plan to the council commission common period years. many plans over a All these had adopted years by been over the resolutions common and there additions, council have been dele- lions and modifications. department parks
The and recreation has adopted per persons 1,000 standard acre playgrounds, per persons play- 1,000 acres 1-1/2 ground parks, approximately per 1,000 1,000 acres persons large parks. per The 6-1/2 persons approved by a standard which has been city plan commission and common council. community popu- served Patton Park has a approximately people approx- lation of 115,000 with imately *4 192 acres and recreational facilities.
Plaintiffs are the of and reside in a owners home directly located in across the street from 3 tennis in Patton courts Park and a public swimming pool.. They their testified 351 depreciated the loss in value would be
home park purposes. The 4.32 site for the use from more than feet are deeded to the plaintiffs’ home.
Appellants that the statute forbids contend property selling when said of Detroit plan. required master under an official sale not (CLS 1956, 117.5, act, The home-rule section part, 5.2084) provides, Supp § in Ann 1955 Stat Cum follows: * * * power: “No “(e) have shall adopt any To a charter or amendment there- approved by majority to, ing thereof, of the electors vot- unless any park, cemetery part any to sell or thereon; required except park not where such un- city.” plan der an officialmaster Detroit, The charter of the title ch3, provides: legislative powers “The and duties the council * * * shall be as follows: “(h) dispose convey, To lease, sell, of, transfer or conveyance, or to lease, authorize the sale, disposal any property corpora- or owned power tion : Provided, that it shall not have the any park, cemetery any part except sell or thereof, required
where such is not under officialmas- plan city.” ter provision no in the charter nor in the There is requiring adopt act of Detroit to plan. question property an official master part adopted of an master and there' was is prohibition against transferring no selling county Wayne. to the
Appellant contends there is no
difference
essential
presented
the factual
between
situation
this case-
Younglas City
Flint,
and that of
tion, to the United States even general public, appro- beneficial to the priation an amounts to public purpose, which application public thereof to the uses not under con- city, trol or care of the hence, void.” and, population Wayne county Two-thirds of the re By in sides and are citizens of the of Detroit. statutory legislative body mandate which 52% represents county Wayne consists of members n ofthe body legislative represents that Detroit. * provide children’s shelter will care
for Detroit children, which under the charter (Title 13) primary obligation ch ais of Detroit. The here city public definitely involved was for a service and uSe, and the of Detroit did not re- linquish operation control of the of the children’s county Wayne. shelter, to be built There present is a definite distinction between the case and Younglas supra. Case, opinion dismissing The trial court its bill n complaint stated: proceedings court examined the had “The has only council and can cometo one conclu- the common authority they their acted within vested sion, of Detroit.” in them the charter Jj 5.2106). Reporter. [*] PA No 262 (CLS 1956, 117.27, Stat Ann 1955 Cum Supp [Dec.. with opinion
We agree of the trial court and' find no merit appellants’ contention that because' the action of the Detroit common council was taken than by resolution rather by ordinance the deed should be declared null and void.
Decree of lower affirmed. No costs, a. court *6 question being Sharpe C. J., JJ., con- Dethmers, and Carr, J. curred with Kelly, J. (concurring affirmance). For reasons-
Black, given over my signature in Younglas v. City Flint, Mich 576, I concur in 579-585, affirmance.
Smith and Voelker, JJ., concurred with Black, J. J., did not sit. Edwards,