Western Michigan University Board of Trustees v. Brink

Defendant Kalamazoo Zon-

ing Board of Appeals granted defendant Brink’s petition for expansion of a nonconforming use and for variances to accomodate the expansion. Plaintiff sought an order of superintending control from circuit court to set aside the board’s decision. See MCLA 125.590; MSA 5.2940. This statute limits the right to institute a suit for review of the board’s decision to parties thereby "aggrieved”. The court sua sponte raised the issue of whether plaintiff had alleged facts sufficient to show that it was an aggrieved party. The court found that plaintiff had not made sufficient…