Ritenour v. Township of Dearborn

40 N.W.2d 137, 326 Mich. 242, 1949 Mich. LEXIS 289
Michigan Supreme Court·Decided December 7, 1949·No. Docket No. 39, Calendar No. 44,464·Published·Cited by 24 cases

Opinion

Boyles, J.

Plaintiffs filed a bill of complaint in the circuit court for the county of Wayne in chancery seeking to enjoin the defendant township from enforcing a certain zoning ordinance of Dearborn township in said county, as applied to certain lots owned by them in said township, and to have the ordinance declared invalid in its entirety because-of a claimed noncompliance in its adoption with the-requirements of PA 1943, No 184, § 10 (CL 1948, § 125.280 [Stat Ann 1949 Rev § 5.2963(10)]). Plaintiffs claim the right to use their property for business purposes. The defendant township claims that the use is restricted to one-family residence purposes only. The trial court held that the ordinance had been legally adopted, but that it was unreasonable and confiscatory as applied to the lots owned by the plaintiffs and on that ground granted the relief prayed for. The township appeals from that [245]*245part of the decree which holds the ordinance unreasonable, and plaintiffs cross-appeal from that part of the decree which holds that the ordinance was legally adopted.

On this appeal the first question essential to decision is whether the ordinance is void in its entirety by reason of failure to comply with statutory requirements, in its adoption in 1945. PA 1943, No 184, § 10,

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Ritenour v. Township of Dearborn, 40 N.W.2d 137, 326 Mich. 242, 1949 Mich. LEXIS 289 (Mich. 1949).

40 N.W.2d 137 (Ritenour v. Township of Dearborn) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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