DocketNumber: Docket Nos. 140, 141, Calendar Nos. 34,655, 34,656.
Citation Numbers: 228 N.W. 707, 249 Mich. 372
Judges: WIEST, C.J.
Filed Date: 1/24/1930
Status: Precedential
Modified Date: 1/12/2023
The two cases, here consolidated, are injunction bills, in behalf of the city of Ann Arbor, and by property owners, to restrain defendant from violating a zoning ordinance, to prevent an alleged threatened nuisance, and to enforce a setback line and driveway agreement running with defendant's title. In the circuit court the zoning ordinance was found applicable, and, for that reason, defendant was enjoined from building a gasoline filling station upon its property at the intersection of Washtenaw and South University avenues, in the city of Ann Arbor. Defendant appealed. Defendant's negotiations for the property resulted in its purchase under land contract on May 24, 1928. Anticipating the purchase, defendant arranged for building material and filling station accessories. In September, 1923, the city, by zoning ordinance, placed the property together with other property in the class for business. May 25, 1928, defendant applied for and upon submission of plans was granted a permit to construct a gasoline filling station on the property. At once the work of construction and its preliminaries commenced, the concrete steps of the dwelling house were removed, the private walk taken up and excavation for the building walls started. It is also *Page 374
claimed that four trees were removed by special employees, but it is uncertain whether this was done then or later. May 26, 1928, at about the noon hour, notice was given to defendant by the city engineer that the permit had been revoked. The city engineer testified that he revoked the permit because his attention was called to the setback line and driveway agreement running with the land. August 6, 1928, the city council amended the zoning ordinance by placing the premises in the class for residences. A short time previous to the adoption of the zoning ordinance in 1923, the then owners of the property in question executed and delivered to the city an agreement establishing a setback line and barring a business driveway entrance from Washtenaw avenue. This agreement was made to run with the land and was recorded and defendant's land contract was made subject to its terms. We think that the city, by subsequent zoning ordinance placing the premises in the class for business, is now estopped from invoking the inconsistent provisions of the setback and driveway agreement and the other plaintiffs are equally barred. The permit was issued in true accord with the zoning ordinance then in force, and, if substantial work was commenced and performed thereunder, the city was precluded from revoking the permit and later amending the ordinance with reference solely to this property and have it accorded retroactive effect. We think the work commenced toward the construction of the building, the purchase of material and accessories, and the sums expended for labor bring the case within the exception noted in City of Lansing v. Dawley,
BUTZEL, CLARK, POTTER, SHARPE, NORTH, and FEAD, JJ., concurred. McDONALD, J., took no part in this decision. *Page 376
City of Lansing v. Dawley , 247 Mich. 394 ( 1929 )
City of Ann Arbor, Mich., a Municipal Corporation v. ... , 280 F.2d 212 ( 1960 )
County of San Diego v. McClurken , 37 Cal. 2d 683 ( 1951 )
Griffin v. County of Marin , 157 Cal. App. 2d 507 ( 1958 )
Trans-Oceanic Oil Corp. v. City of Santa Barbara , 85 Cal. App. 2d 776 ( 1948 )
Lamb v. City of Monroe , 358 Mich. 136 ( 1959 )
Expert Steel Co. v. City of Clawson , 368 Mich. 619 ( 1962 )
Bevan v. Brandon Township , 438 Mich. 385 ( 1991 )
Buddy v. Dept. of Natural Resources , 59 Mich. App. 598 ( 1975 )
Sun Oil Co. v. City of Madison Heights , 41 Mich. App. 47 ( 1972 )
Schubiner v. West Bloomfield Township , 133 Mich. App. 490 ( 1984 )
Township of Pittsfield v. Malcolm , 375 Mich. 135 ( 1965 )
Highland Oil Corp. v. City of Lathrup Village , 349 Mich. 650 ( 1957 )
Brideau v. Grissom , 369 Mich. 661 ( 1963 )
Bingham v. City of Flint , 14 Mich. App. 377 ( 1968 )
Scott v. Armstrong , 330 Mich. 504 ( 1951 )
Fass v. City of Highland Park , 326 Mich. 19 ( 1949 )
Richards v. City of Pontiac , 305 Mich. 666 ( 1943 )
Sommers v. City of Detroit , 284 Mich. 67 ( 1938 )
Warholak v. Northfield Township Supervisor , 57 Mich. App. 360 ( 1975 )