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June 21, 1955 - Image 11

Resource type:
Michigan Daily, 1955-06-21

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Turnpike Authority Won
Battle By Breakey Rule

The Michigan Turnpike Author-
ity has won its nlrst round in the
battle with Dearborn and the Mi-
chigan Free Highways Protective
Washtenaw Circuit Judge James
R. Breakey, Jr., ruled the Author-
ity constitutional and said that the
constitutional provision that local
governments have "reasonable
control of their streets, alleys and
public places" did not apply to a
His opinion destroyed the last
hope of Dearborn officials that the
provisoin could be interpreted as
giving cities and villages veto pow-
er to block the proposed route.
Frederick B. Besimer, counsel
for the Authority, said Judge.
Breakey's ruling was an "outstand-
ing decision" for the Turnpike
Tearoorn To Appeal
But Dearborn has not given up
its fight to keep the Authority from
building a toll road through that'
city. "We'll see you in Lansing,"
assistant. Dearborn corporation
counsel James A. Broderick said.
"We'll Join in the appeal,"
George A. Kelly added. Kelly, from
Detroit, is attorney for the Michi-

gan Free Highways Protective As-
sociation, a citizen's group.
Besimer said he hopes the ap-
peal can be heard by the Supreme
Court in October, but a decision
by January may be the earliest
that can be expected.(
Bond Issue Delayed
Pending outcome of the appeal,
the Authority plans no action on
a $184,000,000 revenue bond to fi-
nance the proposed Flat Rock-
Detroit-Saginaw toll road project.
In their original request for an
injunction to halt construction of
a toll road through Dearborn, at-
torneys for that city had raised 19
questions regarding the consti-
tutionality of the legislative act
creating the Turnpike Authority.
They later tried to withdraw
their petition, but Judge Breakey
ruled the matter was too much in
the public interest to be with-
The judge said power granted
the Authority did not violate con-
stitutional guarantee of "reason-!
able" control of streets by cities
and villages.
Citing the Mackinac Bridge as
an analogous case, he ruled that
financing by revenue bonds did.
not violate the Constitution.

Lunn Heads
ISC Meet
In England
Harry H. Lunn, Jr., '54, president
of the United States National Stu-
dent Association and managing
editor of The Daily in 1953-54,
will head the Association's four-
man delegation at the Fifth Inter-
national Student Conference in
Birmingham, England, July 4-14.
Delegations from more than 50
national student unions, represent-
ing students, from all over the
world, will attend the ten-day con-
ference. Only representatives of
national student unions may be
seated as voting delegates at the
Americans Represented
The Association's delegates will
be representing more than 600,000
American college students on 300
campuses, including the Univer-
sity, through their student gov-
Up for discussion will be means
of practical cooperation in such
areas as study and travel exchang-
es, mutual assistance, exchange of
information, cultural activities,
and common social and economic

Change of addresses for
now being taken at the
Student Publications Building
Call NO 2-3241
Changes will be accepted


until Wednesday, June


at 5:0


fin Important
Integral Part of
Your University







Bob Marshall's
T/"/"\T C"1TT/"Th

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