Ypsilanti Township v. Edward Rose Building Co.

This is an appeal from the trial court’s July 18, 1980, order denying plaintiffs motion for injunctive relief against defendant. The case requires us to interpret the Michigan Construction Code, promulgated under the State Construction Code Act of 1972, MCL 125.1501 et seq.; MSA 5.2949(1) et seq., which was adopted in its entirety as the local construction code by plaintiff Ypsilanti Township.

In April of 1979, defendant Edward Rose Building Company applied to the township for building permits to construct three model homes. Defendant’s applications were denied because defendant proposed using…