Alastra v. City of Warren

On July 31, 1974, the plaintiff brought the present action seeking an order of superintending control against the defendant board of appeals. In his complaint, the plaintiff alleged he had applied to the defendant board for a variance. He further alleged that after a public hearing on this matter the board denied his application, but that on the evidence duly presented to the board the application should have been granted.

On August 15, 1974, the trial court ordered a rehearing by the defendant board "for the purpose of establishing a complete record with the Board *596setting forth its findings…