City of East Detroit, a Municipal Corporation v. Detroit Edison Company, a New York Corporation

Sixth Circuit

City of East Detroit, a Municipal Corporation v. Detroit Edison Company, a New York Corporation

272 F.2d 410, 1959 U.S. App. LEXIS 2897

CourtCourt of Appeals for the Sixth Circuit

DecidedDecember 14, 1959

Docket13815

StatusPublished

This text of 272 F.2d 410 (City of East Detroit, a Municipal Corporation v. Detroit Edison Company, a New York Corporation) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

City of East Detroit, a Municipal Corporation v. Detroit Edison Company, a New York Corporation, 272 F.2d 410, 1959 U.S. App. LEXIS 2897 (6th Cir. 1959).

Pincite

Opinion

PER CURIAM.

The Board of Appeals on Zoning of the City of East Detroit, on March 3, 1958, granted to the appellee permission to construct on its property in said city, a control shelter for its electric transformer station. The architectural plans therefor were to be submitted to the City Planning Consultant and the City Council for approval.

On May 9, 1958, the City Planning Consultant approved the plans submitted by appellee as conforming with the general architecture and plan of the district subject to some minor changes to which appellee agreed.

On May 12, 1958, the Board undertook to rehear the matter and passed a resolution rejecting the plans. An election had intervened resulting in some change in the composition of the Board.

Under the plain language of the zoning ordinance appellee had the right to construct, erect and maintain its electrical transmission system without any permit as this was expressly excepted from the operation of the ordinance. The Company needed only the permit to construct the control shelter for its electric transformer station. This was an integral part of its system without which it could not be operated or maintained.

Having granted permission to construct the control shelter on March 3, 1958, the Board could not rehear the matter under Michigan law, after the expiration of five days. McVeigh v. City of Battle Creek, 1957, 350 Mich. 214, 86 N.W.2d 279; MSA ¶5.2935, Comp.Laws 1948, § 125.585. The resolution of March 3, 1958, therefore, had become final and it was the duty of the Board to approve the plans submitted in conformity therewith. Its rejection of the plans and refusal to issue the building permit was arbitrary and unreasonable.

*411 The District Court was right in granting judgment on its findings of fact and conclusions of law in favor of appellee ordering the City to issue the permit and its judgment is, therefore, affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

The Board of Appeals on Zoning of the City of East Detroit, on March 3, 1958, granted to the appellee permission to construct on its property in said city, a control shelter for its electric transformer station. The architectural plans therefor were to be submitted to the City Planning Consultant and the City Council for approval.

On May 9, 1958, the City Planning Consultant approved the plans submitted by appellee as conforming with the general architecture and plan of the district subject to some minor changes to which appellee agreed.

On May 12, 1958, the Board undertook to rehear the matter and passed a resolution rejecting the plans. An election had intervened resulting in some change in the composition of the Board.

Under the plain language of the zoning ordinance appellee had the right to construct, erect and maintain its electrical transmission system without any permit as this was expressly excepted from the operation of the ordinance. The Company needed only the permit to construct the control shelter for its electric transformer station. This was an integral part of its system without which it could not be operated or maintained.

Having granted permission to construct the control shelter on March 3, 1958, the Board could not rehear the matter under Michigan law, after the expiration of five days. McVeigh v. City of Battle Creek, 1957, 350 Mich. 214, 86 N.W.2d 279; MSA ¶5.2935, Comp.Laws 1948, § 125.585. The resolution of March 3, 1958, therefore, had become final and it was the duty of the Board to approve the plans submitted in conformity therewith. Its rejection of the plans and refusal to issue the building permit was arbitrary and unreasonable.

*411 The District Court was right in granting judgment on its findings of fact and conclusions of law in favor of appellee ordering the City to issue the permit and its judgment is, therefore, affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

272 F.2d 410, 1959 U.S. App. LEXIS 2897, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-east-detroit-a-municipal-corporation-v-detroit-edison-company-a-ca6-1959.

Opinion

Related

Cite This Page — Counsel Stack