The ordinance divides the township into 7 zones or use districts from the most restrictive to the least restrictive as follows: The first question is whether or not such an animal kennel is a permissible use under this zoning ordinance. It is agreed that both acted in good faith. There is no question of fraud or bad faith, either on the part of the municipal officers or the defendants. By way of affirmative defense, defendants plead waiver, estoppel, and laches, pointing up their reliance upon the supervisor's opinion and the authority of the building permit obtained by them before commencing to build. If interpreted as to prohibit such use, they say then that the ordinance is unreasonable. In their answer, defendants allege the sequence of events *138 above stated but deny that "M-1 light industrial" zoning prohibits such an animal kennel. In the complaint, permanent injunction is sought. The township does not claim that defendants violated the building permit, but that the permit was erroneously issued by the township building inspector because at all times since adoption of the township zoning ordinance in 1950, defendants' property has been zoned "M-1 Light Industrial" under which an animal kennel is not permitted, the township asserts. Since completion, they have operated the kennel for boarding dogs and cats, and for allied services.Īlthough the township building inspector issued the permit to defendants, the township municipal corporation brought suit against defendants June 4, 1963, some 10-1/2 months after the building had been completed and in use as a kennel. Defendants commenced building immediately and completed the structure on or about July 20, 1962, at a cost of $45,000. The application was approved May 8, 1962, by the building inspector who thereupon issued a building permit, which was posted on the premises during construction. Notice was published in a newspaper of general circulation in the township. McKenney, of counsel), for defendants.Īfter securing a letter from the township supervisor expressing his opinion that construction of a dog kennel upon their property was permissible under the zoning ordinance, defendants filed application for a building permit with the township building inspector. Conlin, Conlin, Parker, McKenney & Wood (Chris L.
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