Christine Building Co. v. City of Troy

116 N.W.2d 816, 367 Mich. 508
CourtMichigan Supreme Court
DecidedSeptember 10, 1962
DocketDocket Nos. 38-40, Calendar Nos. 49,335-49,337
StatusPublished
Cited by108 cases

This text of 116 N.W.2d 816 (Christine Building Co. v. City of Troy) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Christine Building Co. v. City of Troy, 116 N.W.2d 816, 367 Mich. 508 (Mich. 1962).

Opinions

Kavanagh, J.

Defendant city appeals from a decree of the circuit court for the county of Oakland [511]*511holding void as to the plaintiffs’ property a provision in defendant city’s zoning ordinance pertaining to a lot size restriction of 21,780 square feet as unreasonable and not in any way related to the general welfare of the corhmunity.

Plaintiffs cross-appeal with reference to a particular provision of the decree wherein the court refused to pass upon the question of minimum lot sizes other than that specified in the ordinance of 21,780 square feet, on the theory this was a legislative function and the court would only have the right to pass on the ordinance after it had been adopted by the legislative body.

' The 3 cases were consolidated for trial below because they involved similarly situated lands and the same basic issues.

Plaintiffs Christine Building Company, Inc., and Mae Klipfel each own contiguous 40-acre parcels of land. Another parcel of land is involved containing 120 acres owned by the third plaintiff, Campus Estates, Inc. This latter parcel is not adjacent to the 2 parcels owned by the other plaintiffs but is located about a mile away. All plaintiffs are desirous of developing their property for residential purposes.

The 3 suits involved are an attack on the constitutionality, the legality, and the reasonableness of defendant city’s Ordinance No 23 because of the lot size restrictions imposed on plaintiffs’ property by article 14

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Bluebook (online)
116 N.W.2d 816, 367 Mich. 508, Counsel Stack Legal Research, https://law.counselstack.com/opinion/christine-building-co-v-city-of-troy-mich-1962.