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BURGER KING CORP. v. CITY OF DETROIT

Docket No. 11496.

33 Mich. App. 382 (1971)

189 N.W.2d 797

BURGER KING CORPORATION v. CITY OF DETROIT

Michigan Court of Appeals.

Decided May 11, 1971.

Attorney(s) appearing for the Case

Bodman, Longley, Bogle, Armstrong & Dahling (by James Baysinger), for plaintiffs.

Michael M. Glusac, Corporation Counsel, and John F. Hathaway, Assistant Corporation Counsel, for defendants.

Amicus Curiae: Philip J. Neudeck.

Before: V.J. BRENNAN, P.J., and J.H. GILLIS and T.M. BURNS, JJ.

J.H. GILLIS, J.

Plaintiff Burger King Corporation1 applied with the Department of Building and Safety Engineering of the City of Detroit requesting permission to construct a restaurant at Grand River and Forrer Avenues in the defendant city. The department, having decided that the proposed business constituted a drive-in restaurant,2 a use permitted only with approval, referred the matter to the city plan commission...

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