Lacey v. City of Warren
| Decision Date | 13 June 1967 |
| Docket Number | Docket No. 1878,No. 2,2 |
| Parties | William E. LACEY, Valory F. Lacey, Franklyn E. McDonald and Lucille Mae McDonald, Plaintiffs-Appellees, v. CITY OF WARREN, a Michigan Municipal Corporation, Defendant-Appellant |
| Court | Court of Appeal of Michigan — District of US |
Emil E. Cardamone, City Atty., Robert F. Cella, Asst. City Atty., Warren, for appellant.
Kenneth N. Sanborn, Mt. Clemens, for appellees.
Before HOLBROOK, P.J., and FITZGERALD and GILLIS, JJ.
Plaintiff brought this action seeking to have Warren's 1960 Zoning Ordinance No. 30, classifying their vacant lots 1 R--1--C (one family residential district) decreed unconstitutional as applied. They also sought to enjoin the appellant from interfering with their use of the land for a mobile home district. The trial court granted such a decree and appeal was claimed.
Defendant contends that the trial court's findings of fact were not sufficient to support the judgment. GCR 1963, 517.1, states:
The city cites Kelley v. Everglades Drainage District (1943), 319 U.S. 415, 422, 63 S.Ct. 1141, 1145, 87 L.Ed. 1485, for interpretation of the court rule, supra, which requires 'findings, stated either in the court's opinion or separately, which are sufficient to indicate the factual basis for the ultimate conclusion.' The findings of fact of the trial court, which consumed 10 pages, are sufficiently comprehensive to satisfy this requirement and are supported by the record.
Appellant also contends the findings of the trial judge were not within the evidence proffered at trial. However, after a close perusal of the record presented, this Court is convinced there were facts presentend that support the conclusion of the trial court. Appellant further contends the plaintiffs did not present evidence to overcome the presumption of validity of a city ordinance. The trial court recognized the presumption, but held that plaintiffs rebutted it. Again there is evidence presented in the record to support this conclusion.
Appellant's strongest objection relates to the scope of the injunction issued. The relevant portion of the injunction is as follows:
'IT IS FURTHER ORDERED that the plaintiffs or their grantees, successors and assigns, may, under the valid provisions of said Zoning Ordinance No. 30, and its amendments, in effect at the time of entry of this Judgment not in conflict with state statutes, make use of the land as hereinbefore described for mobile home and trailer park purposes as may meet the requirements of the valid provisions of said Zoning Ordinance No. 30, and its amendments, not in conflict with state statutes, in effect as aforesaid.
'IT IS FURTHER ORDERED that the defendant City of Warren, its officials, employees, representatives, agents and attorneys be and they are hereby enjoined and restrained from enforcing said Zoning Ordinance No. 30, and its amendments, or the provisions or penalties thereof against the plaintiffs or their grantees, successors and assigns and are enjoined and restrained from interfering with the plaintiffs or their grantees, successors and assigns making use of the land as hereinbefore described for mobile home and trailer park purposes as may meet the requirements of the valid provisions of said Zoning Ordinance No. 30, and its amendments, not in conflict with state statutes, in effect as aforesaid, subject only to plaintiffs or their...
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Belkin v. City of Birmingham, Docket No. 77-4478
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