# Greater Bible Way Temple of Jackson v. City of Jackson

> Michigan Supreme Court · June 27, 2007 · 478 Mich. 373

URL: https://www.frixlaw.com/law-library/cases/9503903

## Case

- **Full name:** Greater Bible Way Temple of Jackson v. City of Jackson
- **Court:** Michigan Supreme Court
- **Decided:** June 27, 2007
- **Citations:** 478 Mich. 373
- **Precedential status:** Published
- **Opinion:** Concurrence by Cavanagh
- **Judges:** Kelly, Taylor, Corrigan, Young, Markman, Weaver, Cavanagh
- **Cited by:** 19 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9503903

## How later opinions describe it (automated extraction)

- rejecting an argument that the plaintiff waived any claim for attorney fees by failing to state such a request in its complaint or incorporating it into the final order; the issue was “briefed by the parties, a hearing on the issue took place, and the trial court’s written opi…
- affirming the trial court’s exercise of discretion under MCR 2.601(A) to award attorney fees that were authorized but not requested where both parties had briefed the issue and presented oral arguments

## Opinion text

CAVANAGH, J.
(concurring). I agree with part IV(B) of the majority opinion. I write separately because I believe it is unnecessary to determine whether defendants made an individualized assessment in this case or whether the statutory test of strict scrutiny was met, because plaintiff failed to show that its petition for rezoning was related to plaintiffs exercise of religion. Thus, I would reverse the Court of Appeals judgment on that basis and remand to the trial court for dismissal of plaintiffs claim.
WEAVER, J., concurred with CAVANAGH, J.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9503903. Public record. Not legal advice.