CHARTER TWP OF FENTON V ROBERT MYERS

Annotate this Case
Download PDF
STATE OF MICHIGAN COURT OF APPEALS CHARTER TOWNSHIP OF FENTON, UNPUBLISHED December 18, 2003 Plaintiff-Appellee, v ROBERT MYERS, No. 242757 Genesee Circuit Court LC No. 01-070508-CZ Defendant-Appellant.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

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.