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Puritan-Greenfield Improvement Association v. Leo

Michigan Court of Appeals
153 N.W.2d 162 (1967)


Facts

John L. Leo (defendant) owns a home in Detroit. The home is in a zoning district restricted to single family residences. Leo placed the home on the market for over a year. His asking price was $38,500. The average asking price for homes in the area was $20,000 to $25,000. Having received no offers on the home, Leo applied to the Detroit Board of Zoning Appeals (Board) for a use variance, which would allow him to use the home as a dental and medical clinic. The Board issued the use variance, finding that the property was subject to an unnecessary hardship, due to its proximity to a business district and heavy traffic. Puritan-Greenfield Improvement Association (plaintiff) filed a complaint in the circuit court. The circuit court set aside the use variance.

Rule of Law

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Issue

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Holding and Reasoning (Levin, J.)

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  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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