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KARPENKO v. CITY OF SOUTHFIELD

Docket No. 29509.

75 Mich. App. 188 (1977)

254 N.W.2d 839

KARPENKO v. CITY OF SOUTHFIELD

Michigan Court of Appeals.

Decided April 19, 1977.

Attorney(s) appearing for the Case

Michael B. Serling, for plaintiffs.

Sigmund A. Beras, City Attorney, for defendant City of Southfield.

McClintock, Donovan, Carson & Roach, for defendant A.J. Etkin Construction Company.

Dykema, Gossett, Spencer, Goodnow & Trigg (by James D. Tracy, Paul R. Rentenbach and Joseph C. Basta), for defendant Lawrence Institute of Technology.

Before: M.J. KELLY, P.J., and J.H. GILLS and R.M. MAHER, JJ.

M.J. KELLY, J.

The issue is whether the notice provisions of the zoning enabling act, MCLA 125.584; MSA 5.2934, are unconstitutional as violative of due process and equal protection.

Plaintiffs brought this action on June 28, 1976 seeking damages and to restrain defendants from constructing a nine-story dormitory on land of defendant Lawrence Institute of Technology. Plaintiffs asked the trial court to find unconstitutional a certain Southfield zoning ordinance...

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