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ED ZAAGMAN, INC. v. CITY OF KENTWOOD

Docket Nos. 57225, 57342. (Calendar Nos. 6, 7).

406 Mich. 137 (1979)

277 N.W.2d 475

ED ZAAGMAN, INC. v. CITY OF KENTWOOD TURKISH v. CITY OF WARREN

Supreme Court of Michigan.

Decided March 27, 1979.

Attorney(s) appearing for the Case

Varnum, Riddering, Wierengo & Christenson (by Jon F. DeWitt and Jeffrey L. Schad) for plaintiff Zaagman.

Bodman, Longley, Bogle, Armstrong & Dahling (by Michael B. Lewiston) for plaintiffs Turkish.

Rhoades, McKee & Boer for defendant City of Kentwood.

W. Thomas Marrocco, Jr., City Attorney, and John J. Murray, Chief Assistant City Attorney, for defendant City of Warren.

Amici Curiae:

Bauckham, Reed, Lang & Schaefer for Michigan Townships Association.

Clan Crawford, Jr., and Louis C. Andrews, Jr., for Michigan Municipal League; Sherwin M. Birnkrant, Director of Law, City of Pontiac; Adele P. Laporte, Assistant City Attorney, City of Ann Arbor; Harris, Lax, Goldman & Gregg; and Robert Reese, Corporation Counsel, City of Romulus, for State Bar of Michigan in support of existing legislative rezoning practice.

Avern Cohn, William B. Dunn, and Norman Hyman for State Bar of Michigan in support of the concurring opinion in Kropf v Sterling Heights, 391 Mich. 139 (1974).

WILLIAMS, J. (for affirmance).

Turkish v City of Warren

This zoning case causes us to revisit Kropf,1 Sabo,2 and Kirk.3 We hold that the majority rule enunciated in both Kropf and Kirk as well as the minority opinion of Justice WILLIAMS in Sabo remain the law in Michigan today insofar as the appropriate standard for...

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