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UNPUBLISHED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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