BEACHLAWN BUILDING CORP. v. City of St. Clair Shores

In Beachlawn Building Corporation v. City of St. Clair Shores (1963), 370 Mich 128, we reversed the trial judge’s grant of defendant’s motion for directed verdict made at the close of plaintiff’s proofs. In the process of reaching that decision our opinion stated the law of the case to be applied in the new trial ordered. The law of the ease, as we restated it soon thereafter in Theatre Control Corp. v. Detroit (1963), 370 Mich 382, 388, is that Beachlawn is entitled to maintain an action to recover fees paid by it for building permits under an ordinance which was held to be invalid in…