PURITAN-GREENFIELD IMPROVEMENT ASSOCIATION V. LEO
153 N.W.2d 162 (1967)
NATURE OF THE CASE: Leo (D) appealed from a decision which set aside a use variance that
D had been granted.
FACTS: D owns a home in Detroit in a zoning district restricted to single family
residences. D offered the home for sale at $38,500 when comps in the area were going for
only $25,000. D got no offers. D applied to the Detroit Board of Zoning Appeals (Board) for
a use variance. D was going to turn the home into a dental and medical clinic. The Board
found unnecessary hardship and practical difficulty because of the heavy traffic and the
closeness to the business section immediately to the west. The Board granted the use
variance. It found that the proposed use would not alter the essential character of the
neighborhood, would not be injurious to the contiguous property, would not be detrimental to
the surrounding neighborhood, and would not depreciate property values. Puritan (P) filed to
have the use variance overturned. The judge ruled for P holding that it had not been shown
that he land could not yield a reasonable return or be put to a proper economic use if used
only for a purpose allowed by existing zoning and that such showing of hardship as had been
made was of 'self-created' hardship attributable to the character of the structure thereon.
D appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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