Elias Brothers, Inc. v. City of Hazel Park

The plaintiffs in this case are Elias Brothers, Inc., which has been operating a drive-in restaurant at the corner of East Eight Mile road and Merrill street in the city of Hazel Park, Michigan, and Fred Elias, Louis Elias and John Elias, who, acting in partnership, leased this real estate to the plaintiff restaurant corporation. The parking lot which the customers of this restaurant business have been using for the 17-year period overlaps the plaintiffs’ platted property line and extends into a portion of Merrill street, a thoroughfare. Although the area between the property line and the…