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WEST v. CITY OF PORTAGE

No. 4 March Term 1974, Docket No. 54,764.

392 Mich. 458 (1974)

221 N.W.2d 303

WEST v. CITY OF PORTAGE

Supreme Court of Michigan.

Decided September 6, 1974.

Attorney(s) appearing for the Case

Troff, Lilly, Piatt, File & Doyle (by Richard G. Schreur), for plaintiffs.

John J. Peters, for defendant City of Portage.

Early, Starbuck & Lennon, for defendant Village Green Properties, Inc.

LEVIN, J.

The issue is whether an amendment to a city zoning ordinance changing the zoning of particular property is subject to a referendary vote of the electors of the city.

We hold that such a change in zoning is not subject to referendum. The right of referendum extends only to legislative acts. A change in the zoning of particular property, although in form (amendment of a zoning ordinance) and in traditional...

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