GRAY v. GRAND TRUNK WESTERN R.R. CO.

Docket No. 56, Calendar No. 47,723.

354 Mich. 1 (1958)

91 N.W.2d 828

GRAY v. GRAND TRUNK WESTERN RAILROAD COMPANY.

Supreme Court of Michigan.

Decided September 10, 1958.


Attorney(s) appearing for the Case

Robert W. Hodge, for plaintiffs.

F.R. Henderson and R.L. Livesay (Patterson & Patterson and Barrett, of counsel), for defendant Grand Trunk Western Railroad Company.

William A. Ewart, for defendant City of Pontiac.


SMITH, J.

This case involves the location of a new freight switching yard in the northern part of the city of Pontiac. Adjacent property owners sought injunctive relief. It was their objection that the proposed construction would violate the city's zoning ordinance and "would be a continuing nuisance." The trial chancellor held that a "sustainable, factual violation of the ordinance is not here established" and that "the allegations of nuisance are in the nature of...

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