Legal Opinion

Gray v. Grand Trunk Western Railroad

Michigan Supreme Court

Decided September 10, 1958No. Docket 56, Calendar 47,723PublishedCited by 1 opinion

1Opinion of the CourtSmith, J.

This case involves the location of a new freight switching yard in the northern part of the city of Pontiac. Adjacent property Owners sought injunctive relief. It was their objection that the proposed construction would violate the city’s zoning ordinance and “would be a continuing nuisance.” The trial chancellor held that a “sustainable, factual violation of the ordinance is not here established” and that “the allegations of nuisance are in the nature of conjecture rather than factual.” The plaintiffs are before us on a general appeal.

The record discloses that the defendant Grand Trunk…

2Cases cited9 opinions

  1. Baltimore & Potomac Railroad v. Fifth Baptist ChurchSupreme Court of the United States · 1883
  2. Brae Burn, Inc. v. City of Bloomfield HillsMichigan Supreme Court · 1957
  3. Grand Rapids & Indiana R. R. v. HeiselMichigan Supreme Court · 1878
  4. Marshall v. HolbrookMassachusetts Supreme Judicial Court · 1931
  5. Van Sweden v. Van SwedenMichigan Supreme Court · 1930

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3Cited by1 opinion

  1. Stiffler v. City of Traverse CityMichigan Court of Appeals · 1968

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