Nolan Bros. of Texas, Inc v. City of Royal Oak
Michigan Court of Appeals · 1997-01-24 · cited 6×
This case concerned a zoning dispute in which Nolan Bros. of Texas, Inc. held an option to purchase property from the Michigan Department of Transportation (MDOT) that the city had rezoned from industrial to multiple-family residential use while under state ownership. The plaintiff sought to invalidate the rezoning and obtain permission to build a miniwarehouse, arguing the city lacked jurisdiction over MDOT land and that its actions amounted to an unconstitutional taking. The trial court granted partial summary disposition to the plaintiff based on prior precedent holding that zoning ordinances unenforceable against the state also did not bind subsequent purchasers. The Court of Appeals reversed, ruling that municipalities retain zoning authority over land sold by state agencies to private parties absent explicit legislative preemption and that zoning changes enacted during state ownership apply to private buyers.