Simmons v. Royal Oak

Plaintiffs Timothy T. Simmons and Arlene L. Simmons brought this action challenging the validity of defendant’s zoning ordinance which restricted plaintiffs’ lots to single-family dwellings. The trial judge sitting as trier of fact held the ordinance unconstitutional and permanently restrained the defendant from preventing the erection of a 13-unit multiple structure. Defendant appeals as of right.

Defendant contends that the finding of the trial court that single-family residential zoning of plaintiffs’ property is invalid as falling outside the statutory zoning powers was erroneous.

In…