Michigan Court of Appeals
160 N.W.2d 769 (Mich. Ct. App. 1968)
Krause (plaintiff) owns property in the City of Royal Oak (City) (defendant). The property is shaped like a triangle and is bounded by a road, an elevated railroad, and a row of houses that are mostly single-family homes. Krause’s property is large enough for 14 single-family homes or 80 apartment units. The surrounding area contains single- and multi-family homes and a golf course, and is predominated by single-family homes. Krause’s property is zoned for single-family home use only. In 1966, Krause filed suit to enjoin the City from enforcing the zoning ordinance, arguing that the ordinance was void as applied to the property because it was unreasonable and arbitrary and because it prevented use of the property. Krause introduced evidence that the ordinance reduced the value of the property, and that a similarly-sized property on the other side of the railroad track had recently been rezoned to allow construction of multi-family homes. The City introduced evidence that construction of apartment buildings would subject the occupants of nearby properties to increased traffic and congestion. The trial court issued an injunction prohibiting the City from enforcing the ordinance against Krause’s property. The City appealed.
Rule of Law
Holding and Reasoning (Burns, J.)
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