CHARTER TWP OF FENTON V ROBERT MYERS
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STATE OF MICHIGAN
COURT OF APPEALS
CHARTER TOWNSHIP OF FENTON,
UNPUBLISHED
December 18, 2003
Plaintiff-Appellee,
v
ROBERT MYERS,
No. 242757
Genesee Circuit Court
LC No. 01-070508-CZ
Defendant-Appellant.
Before: Fitzgerald, P.J., and Neff and White, JJ.
MEMORANDUM.
Defendant appeals as of right from a judgment requiring him to abate a nuisance on his
property. We affirm. This appeal is being decided without oral argument pursuant to MCR
7.214(E).
Plaintiff filed this action to compel removal of a shed erected on defendant’s property in
violation of various ordinances. Defendant admitted that the shed was in violation of the
ordinances but contended that the township was guilty of selective enforcement. The trial court
found no evidence of selective enforcement and granted plaintiff’s motion for summary
disposition.
Defendant’s sole issue on appeal is that the trial court erred in entering a judgment
without first holding a separate hearing. We disagree. Because plaintiff established that the shed
was in violation of the ordinance and defendant failed to establish selective enforcement, the
shed constituted a nuisance per se and the court was required to issue an injunction to have it
abated. MCL 125.294. Defendant’s reliance on MCR 3.310(A)(1) is misplaced because plaintiff
never sought a preliminary injunction.
Affirmed.
/s/ E. Thomas Fitzgerald
/s/ Janet T. Neff
/s/ Helene N. White
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