Legal Opinion

Nicholas v. CHARTER TOWNSHIP BD. OF WATERTOWN

Michigan Court of Appeals

Decided October 26, 1972No. Docket 12966PublishedCited by 5 opinions

1Opinion of the CourtHolbrook, P. J.

Plaintiff is a taxpayer and resi dent of the defendant Charter Township of Water-town. On April 10, 1967, the defendant township by resolution created a Township Planning Commission pursuant to 1959 PA 168 1 and appointed certain named persons to the commission. Nothing more was done.

On March 26, 1971, plaintiff filed his complaint seeking a writ of mandamus ordering defendant township to create a zoning board of appeals. From a summary judgment for defendant township, plaintiff appeals.

It is clear that a writ of mandamus will issue only if the plaintiff proves that he has a clear legal right…

2Cases cited1 opinion

  1. Kortering v. MuskegonMichigan Court of Appeals · 1972

3Cited by5 opinions

  1. State Board of Education v. Houghton Lake Community SchoolsMichigan Supreme Court · 1988
  2. Fletcher v. FeeneySupreme Judicial Court of Maine · 1979
  3. Bills v. Grand Blanc TownshipMichigan Court of Appeals · 1975
  4. State Board of Education v. Garden City School DistrictMichigan Court of Appeals · 1975
  5. Earl L Ansell v. Delta County Planning CommissionMichigan Court of Appeals · 2020

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