Cole v. City of Battle Creek

Plaintiff Walter B. Cole filed a petition for declaratory judgment under 3 Comp. Laws 1929, § 13903 (Stat. Ann. § 27.501), seeking a declaration of his rights under the zoning ordinance of Battle Creek. Defendant city of Battle Creek moved to dismiss the petition for want of jurisdiction, claiming that the issue raised was determinable only in a law action by mandamus. The court treated the petition as one for a writ of mandamus and yet made a finding entitled, “Declaratory Judgment.” It is unnecessary to pass upon the propriety of this sort of procedure because that question is not urged by…