Bowman v. City of Southfield

I agree with Justice Smith. The trial court erroneously discharged a legislative function. The trial judge concluded by finding the ordinance was “unreasonable and unconstitutional”; but, if his opinion is read as a whole, it is clear his concern was with the suitability of the land for a use he thought was needed.

“Plaintiff’s property is particularly well suited for a desirable shopping center for the area in question.”

The fallacy with this is that the trial court did not have the power to zone plaintiff’s property for a shopping center. The court could declare the existing zoning…