City of Ferndale v. Ealand

On Remand

R. M. Maher, J.

This case is before us on remand from the Supreme Court for consideration of an issue not decided in our previous opinion, 406 Mich 963 (1979). In Ferndale v Ealand, 88 Mich App 107; 276 NW2d 534 (1979), we reversed the trial court’s dismissal of plaintiff’s nuisance complaint against defendants and remanded for a new trial. Because the trial court had refused to abate the operation of defendants’ theater as a nuisance under plaintiffs zoning ordinance, we found that defendants had no standing to challenge the constitutionality of that ordinance and that the trial…