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Bihlmire v. Lake Township

Michigan Court of Appeals
Mar 27, 1969
168 N.W.2d 437 (Mich. Ct. App. 1969)

Opinion

Docket No. 3,665.

Decided March 27, 1969.

Appeal from Berrien, Karl F. Zick, J. Submitted Division 3 March 4, 1969, at Grand Rapids. (Docket No. 3,665.) Decided March 27, 1969.

Complaint by William D. Bihlmire against Lake Township, the Lake Township board, the Lake Township zoning board, and the Lake Township board of zoning appeals for an injunction barring defendants' interference with plaintiff's operation of a trailer park. Defendants counterclaim for an injunction against the operation of the trailer park. Injunction granted to defendants. Plaintiff appeals. Affirmed.

Ryan, McQuillan Vander Ploeg ( Tat Parish, of counsel), for plaintiff.

Killian, Spelman Taglia, for defendants.

BEFORE: QUINN, P.J., and HOLBROOK and T.M. BURNS, JJ.


The trial court granted defendants an injunctive judgment on their counterclaim and plaintiff appeals on the sole ground that defendants lacked standing to seek the relief granted.

The trial court found that plaintiff's operation of a trailer park violated the township zoning ordinance and this finding is not appealed. Such operation constitutes a nuisance per se. CL 1948, § 125.294 (Stat Ann 1958 Rev § 5.2963[24]). Such a nuisance may be enjoined at the suit of a township. Fredal v. Forster (1967), 9 Mich. App. 215.

Affirmed with costs to defendants.


Summaries of

Bihlmire v. Lake Township

Michigan Court of Appeals
Mar 27, 1969
168 N.W.2d 437 (Mich. Ct. App. 1969)
Case details for

Bihlmire v. Lake Township

Case Details

Full title:BIHLMIRE v. LAKE TOWNSHIP

Court:Michigan Court of Appeals

Date published: Mar 27, 1969

Citations

168 N.W.2d 437 (Mich. Ct. App. 1969)
168 N.W.2d 437