Westside Enterprises, Inc. v. City of Dexter

TITUS, Judge.

Plaintiff petitioned for a declaration as to the permissible uses of its property under the zoning ordinance of the City of Dexter. The petition raised issues as to whether the ordinance classified the land as single-family residential (R-l), whether plaintiff had a vested right in a commercial use and whether, if the ordinance classified the land R-l, it was invalid as applied. Although the trial court received evidence on these issues, it did not declare plaintiff’s rights but dismissed the petition. Plaintiff, on appeal, regarding the dismissal as a declaratory judgment,…