Legal Opinion · Dissent

Telegraph-Lone Pine Venture Co v. Township of Bloomfield

Michigan Court of Appeals

Decided September 19, 1978No. Docket 31378Published

1Dissent

D. E. Holbrook, Jr., J.

(dissenting). Review of the trial court’s opinion clearly indicates the trial court felt constrained by the standards of Sabo v Monroe Twp, 394 Mich 531; 232 NW2d 584 (1975). In reference to Sabo, the trial judge stated, "the Court sheds a sigh of disappointment at the possible demise of the aged and revered doctrine of presumption of constitutionality of all laws.” The judge concluded the plaintiff had met its burden of showing unconstitútionality under Sabo and that plaintiff had also met its burden in showing the proposed rezoning to office use was "reasonable” under…

2Cases cited4 opinions

  1. Kropf v. City of Sterling HeightsMichigan Supreme Court · 1974
  2. Kirk v. Tyrone TownshipMichigan Supreme Court · 1976
  3. Sabo v. Monroe TownshipMichigan Supreme Court · 1975
  4. Michigan National Bank v. Windsor Charter TownshipMichigan Court of Appeals · 1977

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