DAVID E ALLEN INC V CHARTER TWP OF LANSING

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STATE OF MICHIGAN COURT OF APPEALS DAVID E. ALLEN, INC., UNPUBLISHED December 15, 2005 Plaintiff-Appellant, v No. 263076 Ingham Circuit Court LC No. 04-001728-CZ CHARTER TOWNSHIP OF LANSING, Defendant-Appellee. Before: Donofrio, P.J. and Zahra and Kelly, JJ. ZAHRA, J. (concurring). I write separately to concur with the result reached by the majority in Part A of its opinion that plaintiff’s constitutional claims are barred by res judicata with respect to the topless bar application to defendant’s zoning board. I would also concur with the majority’s conclusion in Part B but would hold that plaintiff’s constitutional claims with regard to other uses of its establishment lack merit. /s/ Brian K. Zahra -1-

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