Court Brief: Kroger Gas Station Case Adjourned

A settlement conference in Macomb Circuit Court between the landowner of a piece of property where had proposed to place a gas station was adjourned Tuesday.

Attorneys for BCP Limited and the city will return to court Nov. 10. BCP is suing the city in Circuit Court after a request to rezone the property on the south side of 9 Mile, east of Alice Street between Greater Mack and Jefferson Avenue, was denied by City Council and inaction by the city's .

BCP had filed a lawsuit in May seeking damages in excess of $25,000 along with a reversal of the city's denial of the variance in the lawsuit.

Kroger had entered into a purchase agreement with an option to purchase the property if the current zoning classification could be changed from a B1 to a B3 zoning classification to allow the grocery story chain to construct a gas station.

It was denied by the city and the Zoning Board of Appeals did not vote on the request.

In the lawsuit filed by Michelle Harrell, she stated “plaintiff’s proposed use of the property is consistent with the zoning classifications and uses of the properties located within the immediate vicinity of the property and to prevent such proposed use and enforce the B-1 zoning classification is unreasonable and invalid.”

Calvin Brown, who is representing the city, denied the allegations and requested the court to deny "the requested relief" in response to the lawsuit.