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Puritan-Greenfield Improvement Association v. Leo
Michigan Court of Appeals
153 N.W.2d 162 (Mich. Ct. App. 1967)
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
Holding and Reasoning (Levin, J.)
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