MUNICIPAL CORPORATIONS - POLICE POWER - CONTROL OF STREETS - POWER OF CITY TO GRANT EXCLUSIVE GARBAGE DISPOSAL PRIVILEGE

Authors

Michigan Law Review, University of Michigan Law School

Abstract

Defendant was arrested and fined for collecting and removing garbage by truck over the streets of plaintiff city in violation of an ordinance which provided that no persons other than the duly authorized employees of the city should collect, remove, convey, or transport garbage by any means whatsoever over the city streets. The state constitution gave municipalities the power to adopt and enforce local police and sanitary measures which did not conflict with the general laws. In broad terms, the general code gave the city the power to dispose of garbage, sewage, etc. Defendant claimed that the ordinance conflicted with the code provision and was an unconstitutional taking of private property for public use without compensation. Held, the ordinance did not conflict with the code provision, and the hauling of garbage over the city streets was not an ordinary or customary use, but rather a special use which the city could prohibit entirely if it so desired; nor did the ordinance amount to a taking of private property for public use without compensation under the federal Constitution. City of Canton v. Van Voorhis, 61 Ohio App. 419, 22 N. E. (2d) 651 (1939).

Recommended Citation

Michigan Law Review, MUNICIPAL CORPORATIONS - POLICE POWER - CONTROL OF STREETS - POWER OF CITY TO GRANT EXCLUSIVE GARBAGE DISPOSAL PRIVILEGE, 38 Mich. L. Rev. 1334 (1940).
Available at: https://repository.law.umich.edu/mlr/vol38/iss8/22