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10 Zoning Dig. 1 (1958)

handle is hein.journals/planevirw10 and id is 1 raw text is: ZONING DIGEST Published by AMERICAN SOCIETY OF PLANNING OFFICIALS 1313 EAST 60TH STREET, CHICAGO 37, ILLINOIS Volume 10 JANUARY 1958 Pages 1-24 Gasoline Station Prohibited in Residential District. Highland Ol Corl. v. Lathrut Village, Subreme Court of Michigan, Oct. 7, 1957, 85 N.W.2d 185. Plaintiff oil company purchased seven 20- by 100-foot lots on Southfield Road, which is an important north-south highway between Detroit and Birmingham, Michigan. The road bisects Lathrup Village, a planned community containing about 1, 000 homes each valued at between $25,000 and $50,000. The property was originally within Southfield Township and was zoned for residential purposes. Lathrup Village was incorporated as a city and for an interim period adopted the zoning ordinance of Southfield Township. Lathrup Village failed to adopt its own zoning ordinance during the effective period of the interim zoning ordinance. During that time, plaintiff acquired the lots for the pur- pose of constructing a gasoline service station. On April 5, 1955, a building permit was sought; on April 15, plaintiff filed a petition for a writ of mandamus; on April 22, a week after the petition for the writ had been filed, the city council adopted an ordinance that zoned the property for residential purposes; on May 5, the city council passed a resolution denying the building permit. Early in July the city council adopted an ordinance that provided that four blocks of South- field frontage could be used for professional offices. The lower court ordered that a writ of mandamus issue. This was reversed by the Supreme Court, which held that the ordinances adopted by Lathrup Village were not unreasonable or unconstitutional. aq It should be noted that the lots were laid out for business in 1924 -- at a time when all frontage upon main highways was considered potentially commercial. In this opinion, the court called attention to the decision in Korby v. Townshei

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