M Civ JI 90.11 Refusal to Rezone

You should ignore a refusal to rezone unless you believe that the request to rezone would also have been denied even in the absence of the condemnation and the planned public improvement. It is improper for one agency of government to artificially depress the value of property by unreasonably restrictive zoning so that another agency of government can obtain it by condemnation at a lower price.

Comment

See Gordon v Warren Planning & Urban Renewal Commission, 388 Mich 82; 199 NW2d 465 (1972); Grand Trunk Western R Co v Detroit, 326 Mich 387; 40 NW2d 195 (1949).

History

M Civ JI 90.11 was added February 1, 1981.