City of Ferndale v. Ealand

Plaintiff brought this action in 1975 against defendant owners and operators of the Studio North Theatre, alleging that the theatre was operating in violation of the city zoning ordinance and was, therefore, a nuisance per se subject to abatement under MCL 125.587; MSA 5.2937 Plaintiff also alleged that defendant theatre was operating without the license required by another city ordinance. After considerable procedural difficulties not material to this appeal, the matter at last came on for trial in 1977. At the close of plaintiffs proofs, the trial court granted defendants’ motion for a…