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02/11/76 SLOBAN v. TOWNSHIP SHELBY

February 11, 1976

SLOBAN
v.
TOWNSHIP OF SHELBY



Appeal from Macomb, Frank E. Jeannette, J.

D. E. Holbrook, P. J., and R. M. Maher and D. F. Walsh, JJ.

SYLLABUS BY THE COURT

1. Judgment -- Consent Judgment -- Approval -- Substance and Form -- Enforceability.

A consent judgment is not enforceable against a defendant where the defendant has not agreed both to the substance and the form of the judgment.

2. Towns -- Townships -- Resolutions -- Zoning -- Agreement to Rezone -- Consent Judgment -- Court Rule.

A township board passed a resolution directing the township attorney to prepare a consent judgment in conjunction with a plaintiff's action against the township to have property rezoned, but the resolution was rescinded at a later township board meeting; held: judgment for the defendant township was proper in a subsequent action by plaintiff for damages for breach of an agreement to rezone property, as evidenced by the resolution, where (1) the alleged agreement should have been offered in plaintiff's first action, (2) the alleged agreement was not in a signed writing or made in open court as required by court rule, and (3) no agreement or contract was established by the resolution to prepare a consent judgment (GCR 1963, 507.9).

3. Towns -- Townships -- Police Powers -- Contracts -- Irrepealable Contracts -- Public Policy.

A legislative body is prohibited by the public policy of the state from making an irrepealable contract which would restrict the exercise of its police powers in areas relating to public health and welfare.

The opinion of the court was delivered by: Holbrook

Complaint by Milton Sloban against the Township of Shelby and others for damages for breach of an agreement to rezone property. Judgment for defendants. Plaintiff appeals.

Plaintiff appeals as of right from a judgment of no cause of action entered by the trial court.

The facts were stipulated below. Plaintiff owned certain land located in defendant township. Plaintiff attempted to have the property rezoned so that he could pursue certain commercial development plans which he had conceived. His attempts to have the property rezoned were denied, and he commenced a suit in Macomb County Circuit Court seeking to have the subject Shelby Township zoning ordinance declared unconstitutional and void as to his property. While the suit was pending, plaintiff and his attorney met with defendants at the regular meeting of the Shelby Township Board held on December 19, 1972. Plaintiff and his attorney apparently attended the meeting in hopes of reaching an agreement which would settle the lawsuit. Eventually, the following resolution was passed by the board:

"Motion by Jenkins, supported by Pini, to direct the Township Attorney to prepare a consent judgment in conjunction with the court case of Sloban v Shelby Township concerning the rezoning of property described as Addressograph Plate #L148C2, located in Section 9, Shelby Township, (N.E. Corner of ...


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