SIMMONS v. OAK

Docket No. 10698.

38 Mich. App. 496 (1972)

196 N.W.2d 811

SIMMONS v. ROYAL OAK

Michigan Court of Appeals.

Decided February 23, 1972.


Attorney(s) appearing for the Case

Field & Field, for plaintiffs.

Allan G. Hertler, City Attorney, for defendant.

Before: LESINSKI, C.J., and HOLBROOK and VAN VALKENBURG, JJ.


Leave to appeal denied, 387 Mich. 794.

LESINSKI, C.J.

Plaintiffs Timothy T. Simmons and Arlene L. Simmons brought this action challenging the validity of defendant's zoning ordinance which restricted plaintiffs' lots to single-family dwellings. The trial judge sitting as trier of fact held the ordinance unconstitutional and permanently restrained the defendant from preventing the erection of a 13-unit multiple structure. Defendant appeals as of right.

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