Township of Fruitport v. Baxter

Plaintiff filed this action to restrain defendants from using their property in violation of plaintiff’s zoning ordinance. Trial of the action resulted in judgment for plaintiff. Defendants appeal and claim the record establishes a nonconforming use prior to the effective date of the ordinance, and if this is not the fact, the trial court erred in the scope of the injunction granted.

Plaintiff’s zoning ordinance became effective August 22, 1959, and defendants’ property lies in the area zoned residential. Although the ordinance prohibits the use of property zoned residential for junkyard…