Opinion
No. 92334.
April 24, 1992.
In lieu of granting leave to appeal, the judgment of the Court of Appeals is reversed, and the case is remanded to that Court for consideration of the issues raised on appeal by the plaintiff. MCR 7.302(F)(1). The defendant's failure to take an appeal to the circuit court from the decision of the plaintiff's Zoning Board of Appeals did not deprive the circuit court of jurisdiction to consider the defendant's constitutional and equitable challenges, which were interposed as defenses against the city's action to enforce its zoning restriction. London v. Detroit, 354 Mich 571, 574 (1958). This is especially true where the plaintiff did not raise the issue of the defendant's failure to exercise its statutory right of appeal in the trial court or the Court of Appeals. Robyns v. Dearborn, 341 Mich 495, 500 (1954). Court of Appeals No. 128665.