LIVONIA DRIVE-IN THEATRE CO. v. CITY OF LIVONIA

Docket No. 48, Calendar No. 48,936.

363 Mich. 438 (1961)

109 N.W.2d 837

LIVONIA DRIVE-IN THEATRE CO. v. CITY OF LIVONIA.

Supreme Court of Michigan.

Decided June 29, 1961.


Attorney(s) appearing for the Case

Harold N. Harris and Samuel Shapero, for plaintiff.

Rodney Kropf, City Attorney, Charles J. Pinto and Charles A. Forrest, Jr., Assistant City Attorneys, for defendant city and others.

William S. Munger, for defendant city clerk.


CARR, J.

This case involves the alleged right of plaintiff to a license to operate a drive-in theater in defendant city, and to a building permit therefor. Following its incorporation defendant city adopted an ordinance prohibiting the establishment of drive-in theaters within the municipality. In Bzovi v. City of Livonia, 350 Mich. 489, it was held that such prohibitory clause of the ordinance was invalid on the ground...

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