Barkey v. Nick

This is an appeal by right from an order of summary judgment granted by the Oak land county circuit court; the order being grounded on petitioner’s failure to state a cause of action. *

Abutting or near to the plaintiffs’ residentiary zoned property is a lot belonging to the defendants. Defendants wish to use their land as a parking lot for their restaurant, which is located on an adjoining lot. Defendants’ lot was zoned residential and, according to the Royal Oak city ordinances, could not be used as a parking facility without the approval of the board of zoning appeals. When the board met,…