CITY OF ROCHESTER v. SUPERIOR PLASTICS, INC.

Docket No. 122334.

192 Mich. App. 273 (1991)

480 N.W.2d 620

CITY OF ROCHESTER v. SUPERIOR PLASTICS, INC

Michigan Court of Appeals.

Decided December 27, 1991, at 9:00 A.M.


Attorney(s) appearing for the Case

Bebout, Potere, Cox & Hughes, P.C. (by Arthur R. Cox), for the plaintiff.

Nedelman & August (by Herbert M. August), for the defendant.

Before: MARILYN KELLY, P.J., and WAHLS and SHEPHERD, JJ.


MARILYN KELLY, P.J.

The City of Rochester filed this lawsuit against Superior Plastics alleging violation of a provision of the city's zoning ordinance regulating noise. On October 11, 1989, the trial court granted Superior's motion to dismiss for failure to state a claim. MCR 2.116(C)(8). The court held that the city lacked the authority under the zoning enabling act to regulate noise by setting maximum decibel levels. MCL 125.581; MSA 5.2931. It also denied the...

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