CITY OF SAGINAW V BRADLEY HURRY

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STATE OF MICHIGAN COURT OF APPEALS CITY OF SAGINAW, UNPUBLISHED February 12, 1999 Plaintiff-Appellant, v No. 205754 Saginaw Circuit Court LC No. 95-008540 CE BRADLEY HURRY, Defendant-Appellee. Before: Gribbs, P.J., and Saad and P.H. Chamberlain*, JJ. MEMORANDUM. Plaintiff appeals by right an injunctive order in this action to enforce municipal land use ordinances. We vacate the injunctive order and remand the case for further consideration and a statement of reasoning. This appeal is being decided without oral argument pursuant to MCR 7.214(E). At issue in this appeal is the trial court’s decision to allow defendant to park two motor vehicles, trailers and/or boats in the two-car paved area in front his garage, clear of the public right-of-way, which plaintiff contends to be prohibited by § 602 of the Saginaw General Code and § 601(d) of the Saginaw Zoning Code, as well as § 414 of the Saginaw Zoning Code. We are unable to review the matter at this time because the trial court failed to make adequate findings and conclusions in support of this aspect of its decision, as required by MCR 2.517 (A)(2). See, e.g., Ray v Mason Co Drain Comm’r, 393 Mich 294, 302; 224 NW2d 883 (1975). Moreover, plaintiff’s brief on appeal fails to discuss defendant’s proffered defenses in this case. The trial court’s injunctive order is vacated and this case is remanded to the trial court for further consideration and articulation of reasoning sufficient to facilitate meaningful appellate review. We do not retain jurisdiction. /s/ Roman S. Gribbs /s/ Henry William Saad /s/ Paul H. Chamberlain -1

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