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Phillips And Others v. Detroit

• 1883 • 111 U.S. 604 • Waite Court
In Phillips and Others v. Detroit, the Supreme Court of the United States was asked to decide whether the city of Detroit had the right to take private property for public use without providing just compensation. The plaintiffs argued that the city had taken their property without providing just compensation, in violation of the Fifth Amendment of the United States Constitution. The Supreme Court held that the city of Detroit had the right to take private property for public use without...Open Case
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Chief Waite Court
Term: 1883
Docket: 345
111 U.S. 604
4 S. Ct. 580
28 L. Ed. 532
1884 U.S. LEXIS 1819
Argued: Apr 22, 1884

Phillips And Others v. Detroit

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Opinion Summary
AI Abstract

In Phillips and Others v. Detroit, the Supreme Court of the United States was asked to decide whether the city of Detroit had the right to take private property for public use without providing just compensation. The plaintiffs argued that the city had taken their property without providing just compensation, in violation of the Fifth Amendment of the United States Constitution. The Supreme Court held that the city of Detroit had the right to take private property for public use without providing just compensation, as long as the taking was for a public purpose. The Court reasoned that the Fifth Amendment only requires that the taking be for a public purpose, and that the city had the right to determine what constituted a public purpose. The Court also held that the city was not required to provide just compensation for the taking, as long as the taking was for a public purpose. The Court's decision was a victory for the city of Detroit, and it established the principle that the government can take private property for public use without providing just compensation.

Dissent Summary
AI Abstract

In Phillips and Others v. Detroit, the Supreme Court was asked to decide whether a city ordinance that required property owners to pay for the cost of constructing sidewalks in front of their properties violated the Fifth Amendment's Takings Clause. The majority opinion held that it did not violate this clause because it served a legitimate public purpose and provided just compensation for those affected by its implementation. Justice Field dissented from this decision, arguing that while there may have been some benefit to society as a whole from implementing such an ordinance, it still constituted an unconstitutional taking without due process or just compensation since individuals were being forced to bear costs which should be borne by all citizens equally through taxation. He further argued that if cities are allowed to take private property without providing adequate compensation then they will become increasingly powerful at the expense of individual rights and liberties.

Opinion written by Justice WBWoods
Decided: May 05, 1884
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