Kropf v. City of Sterling Heights

215 N.W.2d 179, 391 Mich. 139, 1974 Mich. LEXIS 131
CourtMichigan Supreme Court
DecidedFebruary 15, 1974
Docket10 June Term 1973, Docket No. 54,184
StatusPublished
Cited by181 cases

This text of 215 N.W.2d 179 (Kropf v. City of Sterling Heights) 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
Kropf v. City of Sterling Heights, 215 N.W.2d 179, 391 Mich. 139, 1974 Mich. LEXIS 131 (Mich. 1974).

Opinions

[147]*147T. M. Kavanagh, C. J.

Defendant-appellant city appeals by leave granted by this Court from a decision of the Court of Appeals reversing the trial court’s finding that defendant city’s ordinance is constitutional.

Plaintiff builder-developers are the owners of a ten-acre parcel of land situated within Sterling Heights, Macomb County, Michigan. The parcel is irregularly shaped and surrounded by low marsh lands on the western side. The southern portion of the parcel lies within a flood plain and is traversed by a gas main. On the eastern side of the parcel, there is a large vacant area being used as a garage or depot for the Sterling Heights Department of Public Works. Trucks and other equipment are stored and garaged on the adjacent area by the Department of Public Works.

Bordering on the south side, is a large area used as a junk yard partially filled with trash and various species of vermin. Farther to the southeast, Sterling Heights operates a sewage treatment plant. To the north of the property is Clinton River Road and at the northern end of the property between it and the city property are five residential lots. The land across Clinton River Road is used for single-family residences and the property in question is zoned for single-family use.

Plaintiffs filed a petition with the local zoning board seeking to have the property rezoned from single family zoning to permit multiple dwellings to be constructed on the site. Failing in this endeavor, the plaintiffs then brought suit in the circuit court seeking to have the ordinance in question1 declared unconstitutional as applied to their property. They asserted that said ordinance was unreasonable, unconstitutional, and confisca[148]*148tory as it applied to their property. They asserted that their parcel could not be developed as single-family residential due to its peculiar topography, irregular shape, proximity to noxious and deleterious uses on nearby properties, and by virtue of the swamps and various easements traversing the subject parcel

After hearing testimony of many experts for both sides, the circuit judge made, among others, the following findings of fact:

"1.. That the Plaintiffs purchased the property in 1968 on land contract with full knowledge of its irregular shape, the swampy and low areas located thereon, the extension of the Department’s D.P.W. Yard and Sewage Treatment Plant in close proximity thereto and the area used as a 'dump’ lying southerly thereof.
"2. That the Plaintiffs made no effort to check out the suitability or feasibility of the use of the property for residential lots prior to their purchase thereof and that they have made no effort whatsoever to utilize the property for residential purposes since its purchase. The Court further finds as a matter of fact that at the time of the purchase the plaintiffs were familiar with the zoning then on the property (the same as it is now) and with the master plan with the City of Sterling Heights.
* * *
"4. That the property, if used for single family residential purposes, may be developed into between 19 and 22 building lots depending on whether or not the 10,000 square foot requirement is enacted by the city or whether the city is willing to allow the area to be developed into lots of 7200 square feet. Further, that even if the 10,000 foot requirement is enacted upon by the Defendant, the property may still be economically used for residential purposes.
♦ * *
"7. That the Sewage Treatment Plant is a temporary problem and thus presents no permanent detriment to the use of this property for residential purposes, it being undisputed that present plans call for its being [149]*149phased out by July, 1971, and therefore, it is indisputable that by the time this property could be used for building purposes (after the installation of all required improvements) the sewage plant will no longer be there.
* * *
"13. That the master plan of the City of Sterling Heights does have a reasonable relationship to the health, safety and welfare and morals of the City’s citizens, it having been duly adopted after the necessary planning and consultation, not only with experts in the field, but also with the people of the city at the required public hearings.
"14. That it is beyond argument that to permit multiple zoning all along Clinton River Road would require a change in the master thoroughfare plan, it being beyond argument that the greater the density, the more traffic in an area and that the greater density created by numerous multiple developments would he beyond the capacity of a street with an 86 foot right of way.
"15. That the subject property can be developed for single family residential purposes and that it will be salable when used for such purposes.
"16. That the property would be salable at a higher price if used for multiples again is beyond argument. The Court further finds as a matter of fact that this same argument may be used with regard to almost every piece of property located in any area of Macomb County experiencing the same kind of growth as the City of Sterling Heights, and is therefore not of sufficient weight in this case to invalidate the Defendant’s Zoning Ordinance.
"17. The Court was not impressed by the Plaintiffs’ witnesses and would call attention to the fact that their testimony was either based upon a lack of foundation facts (in the case of Mr. D’Loski no knowledge of purchase prices or availability of utilities or cost of installation or improvements and in the case of Mr. Lehner, complete lack of knowledge of the cost of the raw land, or was elicited from witnesses who were obviously somewhat prejudiced (in the case of Mr. Karam, being the owner of adjacent lots which he [150]*150testified he was seeking to also have re-zoned from the single family residence classification).”

In accord with these factual findings, the court then ruled as follows:

"Applying these facts to the legal principles hereinbefore set forth, it becomes readily apparent that the Plaintiffs have failed to sustain the' burden which they must carry in order to establish their cause of action. The Court does, therefore, find that it cannot on the basis of these proofs, be said that the Defendant’s Zoning Ordinance is unreasonable, arbitrary or capricious as applied to the property in question. It therefore follows that their Bill of Complaint should be dismissed, with prejudice.” (Emphasis added.)

On appeal, the Court of Appeals, 41 Mich App 21; 199 NW2d 567, Judge V. J. Brennan dissenting, in overruling the lower court entertained two issues:

1. That the trial court allowed a municipality to justify its zoning based upon future, as opposed to present, conditions, and
2. That the trial court was unduly swayed by the fact that plaintiffs knew of the zoning restrictions at the time they purchased the property.

In a well written opinion, Judge Bronson correctly decided the first issue it entertained, stating:

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Bluebook (online)
215 N.W.2d 179, 391 Mich. 139, 1974 Mich. LEXIS 131, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kropf-v-city-of-sterling-heights-mich-1974.