This is a zoning ordinance case in which defendants appeal from decree enjoining violation by operation of a trailer camp. They own 4-1/2 acres, of which approximately 3/4 is situated within plaintiff city and 1/4 in the adjoining township. The city portion lies in an area zoned since 1942 as R-A (residential-agricultural), in which the ordinance permits single or 2-family dwellings, nurseries, greenhouses, truck farming, farms, stables, riding acadamies and necessary accessory buildings on plots of 5 acres or more, but on smaller acreages use is limited to single or 2-family dwellings. Defendants' land is part of an old millsite property. The remainder of that property is across a creek and is owned by the Millsite Tackle company. Located thereon is a barn, a house used as an office, and a 1-story frame building, resembling a large dairy barn, which is used for tackle manufacturing, a light manufacturing operation in which few persons are employed. The entire millsite property presents a neat, clean appearance, which is rural in character. Defendants' property is bordered on the north by the city limits and a highway on which it has 200 to 250 feet of frontage, across from which is farm area; on the east by a residential subdivision in which dwellings have been built; on the south by a lake, the mouth of the creek and residential and farm land; and on the west by the creek, beyond which lies the tackle company property, and further west is an open area once used as an airport. Except for the tackle company property, the entire surrounding area for a distance of at least 1/2 mile in each direction is residential or farm land. Defendants say their land is rough and divided across the middle by a crater 30 feet deep and 150 feet wide, and that it all slopes abruptly west toward the creek. In support of the claim that their property is unsuited for the purpose for which it is zoned and
Defendants assert that the ordinance is unreasonable as applied to their property for 4 reasons, which we consider seriatim: (1) That the property has always been used for business purposes. The testimony discloses that while the property was part of the millsite the portion owned by defendants was never directly used for that purpose, but only as residential property and that, at all events, after defendants' predecessor purchased this portion of
Where the property in question is suited to the R-A purpose assigned to it by the ordinance, it is surrounded for a considerable distance by property so used, and it was being so used at the time the ordinance was adopted and had a substantial value for that purpose, the fact that at a later date it was put to an illegal use and, as such, was bought by defendants, with knowledge of the ordinance, at a price higher than the value of the property when used for lawful purpose, does not render the ordinance confiscatory. To hold that it does would render the residential classification under every zoning ordinance vulnerable to attack as unreasonable and confiscatory the moment the owner of property so zoned found opportunity to sell it for industrial purposes at a price beyond its value for residential purposes. That is not the law. Defendants took a calculated risk, hoping that the ordinance would not be enforced or that it would be amended. The failure of their gamble cannot be urged against the validity of the ordinance.
Defendants also urge that the ordinance is invalid because in conflict with PA 1939, No 143, as amended (CL 1948, § 125.751 et seq., as last amended by PA 1951, No 34 [Stat Ann 1951 Cum Supp § 5.278 (1) et seq.]), providing for the licensing and regulating of trailer coach parks. Defendants cite Richards v. City of Pontiac, 305 Mich. 666; Loose v. City of Battle Creek, 309 Mich. 1; Gust v. Township of Canton, 337 Mich. 137. The substance of the holdings in those cases is to the effect that a city ordinance in conflict with a statute is to that extent invalid, that an ordinance may not invade a field completely occupied by statute but may enter an area not pre-empted by the State act, that what the State
"Such a permit does not relieve the applicant from securing building permits in municipalities having a building code; or from complying with any other muncipal ordinance or ordinances, applicable thereto, not in conflict with this statute."
The zoning ordinance and its provisions zoning defendants' property as R-A are not in conflict with the statute and do not invade an area occupied by it.
Decree affirmed, with costs to plaintiffs.
BUTZEL, C.J., and CARR, BUSHNELL, SHARPE, BOYLES, REID, and KELLY, JJ., concurred.