Robert J. Eliassen & Sons v. City of Livonia

Plaintiff co-partnership appeals the denial of an order of superintending control compelling waiver use approval for plaintiff’s proposed restaurant. On appeal, we affirm.

Plaintiff is a land contract vendee of a parcel of land zoned "C-2”, permitting a variety of commercial uses. Restaurants are not included in that classification; they are permitted only if specifically recommended by the Planning Commission and approved by the Council, upon a showing of compliance with Livonia City Ordinance § 11.03.

Plaintiff filed a petition for waiver use approval indicating the ordinance requirements had…