INDUSTRIAL LEASE-BACK CORP. v. TWP. OF ROMULUS

Docket No. 7,456.

23 Mich. App. 449 (1970)

178 N.W.2d 819

INDUSTRIAL LEASE-BACK CORPORATION v. TOWNSHIP OF ROMULUS

Michigan Court of Appeals.

Decided April 28, 1970.


Attorney(s) appearing for the Case

Riseman, Lemke & Piotrowski, for plaintiff.

Elsman, Young & O'Rourke, for defendant.

Before: T.M. BURNS, P.J., and LEVIN and B.H. DAVIDSON, JJ.


LEVIN, J.

In this mandamus action the defendant township appeals an order of the circuit court directing it too issue building permits. We hold that in the circumstances of this case the township waived its right of appeal when it issued the permits in compliance with the court's order before it filed a claim of appeal and an application with our Court for a stay of proceedings.

The plaintiff commenced this action when it failed in its efforts to obtain the...

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