351 N.W.2d 831 (Mich. 1984)
The homeowners contended that the definition of "family" in Delta Township, Mich., Ordinance § 2.2.0(28) both prohibited and allowed property uses in an unreasonable, arbitrary, and capricious manner in violation of the Due Process and Equal Protection Clauses of the United States and Michigan Constitutions.
- The court stated that to limit residentially zoned property to use by a traditional family and a number of unrelated persons was permissible under the United States Constitution.
- The court found that there had been no evidence presented that unrelated persons had any less a need for the advantages of residential living or that they had as a group behavior patterns that were more opprobrious than the population at large.
- The court held that in the absence of such demonstration to justify the classification, § 2.2.0(28) was arbitrary and capricious under the Due Process Clause of the Michigan Constitution.
- Thus, § 2.2.0(28) was capricious, arbitrary, and in violation of the Due Process Clause of the Michigan Constitution in that it limited the composition of groups in a manner that was not rationally related to the stated goals of the zoning ordinance.
The court reversed the judgment of the court of appeals.
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