Krause v. City of Royal Oak
Michigan Court of Appeals
160 N.W.2d 769 (Mich. Ct. App. 1968)
Krause (plaintiff) owned a triangular property bordered by a road, an elevated railroad, and a row of mostly single-family homes, large enough to build either 14 single-family homes or 80 apartment units, but zoned by the City of Royal Oak (defendant) for single-family use only. The surrounding area contained single- and multi-family homes and a golf course but was predominantly single-family. Krause sued to enjoin enforcement of the zoning ordinance as unreasonable and arbitrary, presenting evidence the ordinance reduced the property's value and that a similarly-sized property across the railroad tracks had recently been rezoned for multi-family homes. The City countered with evidence that apartment construction would increase traffic and congestion for nearby residents. The trial court enjoined the City from enforcing the ordinance, and the City appealed.
Whether a zoning ordinance restricting construction on a property to single-family homes is valid if the neighborhood is dominated by single-family homes and the ordinance arguably protects the occupants of neighboring properties from increased traffic.