Carlson v. City of Troy

Plaintiffs sought a writ of mandamus to compel defendant City of Troy to approve an amended preliminary plat which defendant, through its city council, rejected. Plaintiffs alleged that defendant violated § 106 and 112(2) of the Subdivision Control Act of 1967.

Defendant appeals of right the trial court’s judgment granting plaintiffs a writ of mandamus.

The record indicates that on March 28, 1978, the plan commission of defendant city passed the following resolution:

"RESOLVED, that the Plan Commission hereby recommends to the City Council that Tentative Approval be granted to the Preliminary…