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LAMB v. CITY OF MONROE

Docket No. 89, Calendar No. 48,070.

358 Mich. 136 (1959)

99 N.W.2d 566

LAMB v. CITY OF MONROE.

Supreme Court of Michigan.

Decided November 25, 1959.

Attorney(s) appearing for the Case

Orion P. Barron, for plaintiff.

Harry A. Lockwood, City Attorney, for defendant.

Amici Curiae:

Nathaniel H. Goldstick, Corporation Counsel, and John F. Hathaway, Assistant Corporation Counsel, for Detroit.

Carl W. Forsythe, City Attorney, for Oak Park.

Allan G. Hertler, City Attorney, for Royal Oak.

John X. Theiler, City Attorney, for Bay City.

W. Vincent Nash, City Attorney, for Saginaw.

David Morris, City Attorney, for Kalamazoo.

James E. Townsend, City Attorney, for Holland.

SMITH, J.

In one aspect this zoning case is the reverse of that normally coming to us. Usually a "lower" use seeks to invade the area of a "higher" use. The filling station sought to be erected in a one-family residential zone is an example. But here the community seeks to exclude residences from one area zoned industrial and commercial.

Most of the facts are stipulated. The problem is primarily legal. The plaintiff...

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