Pure Oil Division of Union Oil Co. of California v. City of Northville

Plaintiff filed suit in circuit court for declaratory judgment asking that § 8.01D of the city of Northville’s zoning ordinance be declared unconstitutional as applied to the land in question. The ordinance excludes gasoline stations from the city’s commercial (C-2) district.

Plaintiff wants to rebuild and expand its present gas station which now enjoys a nonconforming use. The trial court denied the requested relief on the ground that the city had the authority to exclude service stations from its C-2 district. The home rule cities act (MCLA § 117.4Í [Stat Ann 1970 Cum Supp § 5.2082])…