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Hall v. Franklin, Village of

Citation: 2 ELR 20241
No. No. 69-52580, (Mich. Cir. Ct., 02/10/1972)

A state statute which authorizes municipalities to exercise their zoning power to establish historic districts, and the establishment of a historic district by the Village of Franklin pursuant to that statute, is a constitutional exercise of the state's police power. Preservation of historic objects is essential to a full education of the prople and as such is a contribution to the public welfare, which is a proper goal of the police power. The historic integrity of the area selected for preservation supports the reasonableness of the Village of Franklin's exercise of its authority to create a historic district. However, the Village of Franklin's change of the zoning classification of plaintiff's property from commercial — for which purposes it had been used since 1927 — to residential is not reasonably related to the public health or welfare and is therefore invalid as a confiscation of property.

Counsel for Plaintiff
Howard I. Bond
6345 Orchard Lake Road
Orchard Lake, Michigan 48033

Counsel for Defendant
Dean G. Beier
74 West Long Lake Road
Bloomfield Hills, Michigan 48013

Counsel for Intervening Defendant Michigan Department of Natural Resources
Warren R. Snyder Asst. Attorney General
630 Seven Story Office Building
Lansing, Michigan 48913