Frost-Pack Distributing Co. v. City of Grand Rapids

I am in respectful but none the less vigorous disagreement with my colleagues whom I hold in the highest esteem.

True it is that, given a few assumptions made by the majority and reliance by them upon several general statements in legal encylopedias, their logic seems flawless.

The opinion, however, at least to me, does not solve the dilemma created by controlling Michigan Supreme Court precedent which we simply cannot blink away. This dilemma was the cornerstone upon which appellant’s counsel rested his argument.

As noted by the majority, perforce we start with certain absolutes.

The amount of…