Legal Opinion
City of Rochester v. Superior Plastics, Inc
Michigan Court of Appeals
Decided December 27, 1991No. Docket 122334PublishedCited by 1 opinion
1Opinion of the CourtMarilyn Kelly, P.J.
The City of Rochester filed this lawsuit against Superior Plastics alleging violation of a provision of the city’s zoning ordinance regulating noise. On October 11, 1989, the trial court granted Superior’s motion to dismiss for failure to state a claim. MCR 2.116(C)(8). The court held that the city lacked the authority under the zoning enabling act to regulate noise by setting maximum decibel levels. MCL 125.581; MSA 5.2931. It also denied the city’s motion to amend the complaint to add a nuisance count. The city appeals alleging error in both rulings. We reverse.
A motion to dismiss for…
2Cases cited7 opinions
- Kropf v. City of Sterling HeightsMichigan Supreme Court · 1974
- Township of West Bloomfield v. ChapmanMichigan Supreme Court · 1958
- PARKHURST HOMES, INC v. McLAUGHLINMichigan Court of Appeals · 1991
- Detroit Osteopathic Hospital v. City of SouthfieldMichigan Supreme Court · 1966
- Terhaar v. HoekwaterMichigan Court of Appeals · 1990
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Draprop Corp. v. City of Ann ArborMichigan Court of Appeals · 2001