Baker v. Algonac

198 N.W.2d 13, 39 Mich. App. 526, 1972 Mich. App. LEXIS 1465
CourtMichigan Court of Appeals
DecidedMarch 27, 1972
DocketDocket 11636
StatusPublished
Cited by9 cases

This text of 198 N.W.2d 13 (Baker v. Algonac) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Baker v. Algonac, 198 N.W.2d 13, 39 Mich. App. 526, 1972 Mich. App. LEXIS 1465 (Mich. Ct. App. 1972).

Opinions

Bronson, J.

This ease arises ont of a rezoning dispute involving property located in the City of Algonac, County of St. Clair, Michigan. Located within the city limits are three islands immediately east of the mainland separated from each other by canals. The north island and the south island (known as Escape Island) are presently developed as single-family residential. Paradise Island, the center island, is undeveloped and considerably narrower than the other two islands and is the subject of this controversy.

Defendants Thomas Lott and Gordon Laramie obtained an ownership interest in Paradise Island and requested rezoning from R-l (single-family residential) to R-M (multiple-family residential). Defendant Lott presented a petition for rezoning to the city. planning commission on September 15, 1969. The commission recommended approval of the request to the city council, subject to the opinion of Vilican-Lehman, the' professional planning consultants for the City of Algonac. The planning commission met ag'ain on September 25, 1969, at which time they had a recommendation of approval from Vilican-Lehman, and sent in their unanimous approval to the city council.

Upon receipt of the planning commission’s unanimous recommendation, the city council held a public hearing on October 7, 1969. Plaintiffs, residents of [529]*529the island to the north of Paradise Island and Escape Island (to the south) first learned of the impending rezoning shortly before the council met. They appeared at the meeting and were represented by counsel. Plaintiffs presented their objections to the rezoning. The council nevertheless voted unanimously to rezone Paradise Island from INI to R-M. Plaintiffs brought this action to set aside the city council’s action.

At trial, plaintiffs introduced evidence in an attempt to prove the city council’s actions unreasonable. Plaintiff Wilbur Grimm testified to owning a $52,000 home on Escape Island; initially paying $12,000 for the lot. A 40-foot canal separates his property from Paradise Island. He indicated that Paradise had long been the source of complaints due to litter and immoral conduct by transient boaters. His principal objection to an R-M designation was that it allowed 56 units on the island, thus congesting boat traffic.

Plaintiff James Graves also owns property across from Paradise Island. His objection was that he had relied on the residential zoning when he purchased his home in 1969. He also indicated he would not have purchased had he known of the activities which occurred on the island.

Robert Hollway, chairman of defendant city’s planning commission, testified as to the commission’s procedures. He indicated that formal notice of commission meetings was not given but that members of the public often did attend. He favored rezoning as a method of eliminating the problems the city was having with the island. His only independent investigation was visual observation and a review of defendant Lott’s cost estimates as to whether single-family residential development was possible. [530]*530Harold Pockington, secretary of the commission, gave similar testimony.

William Cramer, a St. Clair County Health Department official, stated that it had been department policy not to allow construction without adequate sewage systems; that no permit was ever requested formally for Paradise Island; and that no permits were issued by defendant city from 1966 to 1969.

A planning consultant for Vilican-Lehman, Jay Eldridge, testified that his firm had prepared the city’s master plan in 1963. His approval of the rezoning in question was based on the island’s unusual dimensions which made residential development costly and the fact that only two-story buildings were permitted. His decision as to cost was based on the information provided to him, but this was not out of line with other cost studies he had seen for similar work in the area. Mr. Eldridge also stated that he was aware of the island’s peculiarities when the master plan was established but did not think the rezoning was inconsistent with the plan.

Elmer Jasper, former Mayor of Algonac, stated that he had been aware of defendant Lott’s plans for over a year prior to the public hearing due to a business acquaintanceship. His vote on the matter was influenced by a desire to remedy the problems on the island. He was surprised by plaintiffs’ attitudes because many of them had complained about activities on Paradise Island. He also noted that he was not aware of any firm request to develop the island in the past 40 years.

Defendant Thomas Lott testified regarding his plans for development and his cost analysis. He indicated it would cost from $178,000 to $218,000 to put the island in shape, excluding roads, utilities, cost of money, platting, engineering core testing, and [531]*531a reasonable profit. Tbe largest cost he foresaw was for sheet piling, which he estimated as being 22-1/2 feet on the average. Residential development was impractical because the island’s shape did not permit building on two sides of the street, making cost sharing impossible. High-class apartments were planned, which he thought would enhance property values.

Plaintiffs tried to attack defendant Lott’s cost estimates by putting property owners Phillip Undieme and Clarence Baker on the stand. They testified that only 8 to 12 feet of sheet piling was necessary in front of their lots. Defendant Lott did not dispute plaintiffs’ cost projections based on an average 10-foot sheet piling but maintained 22 feet was necessary.

The only witness called by defendants was Dr. Louis Priedland, a community planning expert. His testimony indicated that Algonac lies in the path of the urban spread and its tremendous growth would continue. He also indicated that the rezoning was in conformity with the city’s master plan and with modern zoning concepts. He noted that other island properties in Algonac would eventually be suitable for multiple dwellings. Based on similar experiences in the Detroit metropolitan area, he believed property values would increase.

On the basis of the above testimony, the trial court found the rezoning of Paradise Island unreasonable. The basis of its opinion is a follows:

“After careful consideration of the testimony and viewing the premises and surrounding area, it is the court’s opinion the zoning of R-l was proper five years ago and in accordance with the master plan of the then village. There has been no change in this area during the five-year period, except that sewers [532]*532are now available. The nse of this flat, low-lying land without sewers was very difficult. It appears from the testimony that buyers from the Detroit area purchased adjoining property to get out of high density areas and apartment areas and to enjoy single family areas during their later working years and in view of their retirement.

“These purchasers relied upon the zoning and upon the nature of the area when they purchased and built. This area is a very desirable single family' residence area.

“From the testimony, the court is satisfied that now that sewers are available, this property is economically adaptable for single family residence. In any event, the adjoining residents are entitled to rely upon the continuous [sic] of single residence zoning until there is some reason to change it or until there is a change in the area. There has been no change. If an area could be rezoned without reason, the whole purpose of zoning would be thwarted.

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Baker v. Algonac
198 N.W.2d 13 (Michigan Court of Appeals, 1972)

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Bluebook (online)
198 N.W.2d 13, 39 Mich. App. 526, 1972 Mich. App. LEXIS 1465, Counsel Stack Legal Research, https://law.counselstack.com/opinion/baker-v-algonac-michctapp-1972.