Fass v. City of Highland Park

On Rehearing.

Sharpe, J.

A rehearing was granted in this case, limiting the question to the constitutionality of the ordinance involved.

The facts in this case are set forth in 320 Mich. 182 and need not be again recited. It does appear, however, that in the court below plaintiffs challenged the validity of the ordinance. The trial court found that the zoning ordinance was constitutional, valid and reasonable'. In our former opinion we said:

“In coming to our conclusions in this controversy we have in mind that plaintiffs did not file a cross appeal, hence the constitutionality of the zoning…