Schwartz v. City of Flint

We granted leave to appeal in this case to consider two questions. The first is whether Ed Zaagman, Inc v City of Kentwood, 406 Mich 137; 277 NW2d 475 (1979), should be overruled or modified. The second is whether the declaratory judgment and order entered by the circuit judge pursuant to the Zaagman procedure, as affirmed and modified by the Court of Appeals, unconstitutionally deprived the plaintiff of his property without compensation or without due process of law. Because we answer the first question by overruling Zaagman, we do not find it necessary to reach the specifics of the second…