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CITY OF ESSEXVILLE v. CARROLLTON CONCRETE MIX, INC.

Docket No. 239807.

673 N.W.2d 815 (2003)

259 Mich. App. 257

CITY OF ESSEXVILLE, Plaintiff-Appellant, v. CARROLLTON CONCRETE MIX, INC., also known as Carrollton Concrete Mix, also known as Carrollton Paving Co., also known as Carrollton Concrete Mix Co., Defendants-Appellees.

Court of Appeals of Michigan.

Decided November 4, 2003, at 9:00 a.m.

Released for Publication January 22, 2004.

Attorney(s) appearing for the Case

Darbee, Bosco & Hammond, P.C. (by James M. Hammond), Bay City, for the defendants.

Gerald W. Pergande, Bay City, for the plaintiff.

Before: SAWYER, P.J., and HOEKSTRA and MURRAY, JJ.

MURRAY, J.

Plaintiff, the city of Essexville, appeals as of right from the final order entered by the trial court in favor of defendant, Carrollton Concrete Mix, Inc.1 The final order embodied the trial court's conclusion that the city had engaged in illegal "spot zoning" when, in 1983, it rezoned Carrollton's property along the Saginaw River from M-1, industrial, to D-1, development district. The city argues on appeal that it had a reasonable...

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