200 N.W. 247 | Mich. | 1924
Some phases of this litigation were before this court in the case of Kelsey v. Township of Burns,
The trial judge said:
"From the evidence in this case the court is of the opinion that under the authority given to them by the voters of the township, the then officers of said township proceeded in good faith to cause the erection of a building to be used primarily for a municipal purpose, that is to say, a township hall; incidentally it might be used for other purposes, but the motive that dominated them was to provide a township hall to be *515 used by the public of said township for township purposes."
When the bonds were voted by the electors in October, 1923, the building was inclosed and had been used so that the electors knew for what purpose it was adapted. It would be unfortunate if, after an expenditure of $12,000, which had been voted by the electors and put into the building, the electors might not complete it.
Under the facts found by the trial judge, which we think were properly found, he was justified in dismissing the bill of complaint under the following authorities: Torrent v. MuskegonCommon Council,
The decree is affirmed, with costs to the appellees.
CLARK, C.J., and McDONALD, BIRD, SHARPE, STEERE, FELLOWS, and WIEST, JJ., concurred. *516