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NATIONAL USED CARS, INC. v. CITY OF KALAMAZOO

Docket No. 21175.

61 Mich. App. 520 (1975)

233 N.W.2d 64

NATIONAL USED CARS, INC. v. CITY OF KALAMAZOO

Michigan Court of Appeals.

Decided May 30, 1975.

Attorney(s) appearing for the Case

Troff, Lilly, Piatt, File & Doyle (by Timothy A. Kragt), for plaintiff.

James F. Bishop, City Attorney, and Don M. Schmidt, Deputy City Attorney, for defendant.

Before: T.M. BURNS, P.J., and McGREGOR and D.F. WALSH, JJ.

D.F. WALSH, J.

At issue is whether the constitutionality of a city ordinance requiring junkyards to be shielded from view may be upheld on aesthetic grounds alone. Under the authority of the home rule cities act1 the City of Kalamazoo enacted Ordinance No. 509 which regulates the operation of junkyards within the city limits. The particular section of this enactment which gave rise to the present litigation is set out here in full:

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