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MR. DON'S, INC. v. CREEK

Docket No. 11041.

39 Mich. App. 325 (1972)

197 N.W.2d 516

MR. DON'S, INC. v. BATTLE CREEK

Michigan Court of Appeals.

Decided March 22, 1972.

Attorney(s) appearing for the Case

John M. Jereck, for plaintiff.

Ralph W. Harbert, Jr., for defendant City of Battle Creek.

Allen, Worth, Hatch & Calderone, for intervening defendant Goodwin.

Before: T.M. BURNS, P.J., and FITZGERALD and DANHOF, JJ.

FITZGERALD, J.

Plaintiff corporation owns a tract of land in the City of Battle Creek that is presently zoned for multiple dwellings. On three separate occasions, officers of the corporation have sought, without success, to have the parcel rezoned for use as a fast food service restaurant.1 On March 24, 1969, they submitted an application for a building permit with the city, filing plans for such a restaurant. The building permit was denied...

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