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04/26/76 ALASTRA v. CITY WARREN

April 26, 1976

ALASTRA
v.
CITY OF WARREN



Appeal from Macomb, George R. Deneweth, J.

M. J. Kelly, P. J., and V. J. Brennan and Danhof, JJ. V. J. Brennan, J., concurred. M. J. Kelly, P. J. (dissenting).

SYLLABUS BY THE COURT

Opinion of the Court

1. Zoning -- Appeal and Error -- Superintending Control -- Standard of Review -- Constitutional Law.

Review of the action of a zoning board of appeals is obtained by an application for superintending control; the standard of review is to determine whether the findings of the board and its order are authorized by law and whether they are supported by competent, material and substantial evidence on the whole record (Const 1963, art 6, § 28).

2. Zoning -- Appeal and Error -- Evidence -- Reasonableness -- Proposed Use.

Review of the action of a zoning board of appeals is restricted to determining whether the record evidence supports the administrative finding on the issue of whether the proposed use is reasonable.

3. Zoning -- Appeal and Error -- Scope of Review -- Reasonableness -- Proposed Use.

Review by a trial court of a decision of a zoning board of appeals to deny an application for a zoning variance was error where the trial court failed to address the issue of whether the proposed use is reasonable.

Dissent by M. J. Kelly, P. J.

4. Zoning -- Zoning Variance -- Case Precedent -- Requirements -- Zoning Appeals Board.

A circuit court's order directing a zoning board of appeals to grant a zoning variance for a plaintiff was proper where the court had previously ordered that the plaintiff be given a rehearing before the appeals board, where the appeals board was given ample opportunity to satisfy the requirements of two precedent cases on zoning, and where the appeals board refused to satisfy the requirements.

The opinion of the court was delivered by: Danhof

Complaint by Anthony J. Alastra, doing business as Venetian Investment Company, against the City of Warren Zoning Board of Appeals, for an order of superintending control to obtain review of the board's denial of a ...


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