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STATE OF MICHIGAN
COURT OF APPEALS


LARRY SALISBURY, Plaintiff/Counterdefendant-Appellant, v JOSEPH DORR, Defendant/Counterplaintiff-Appellee, and CITY OF ECORSE BUILDING DEPARTMENT, Defendant-Appellee.

UNPUBLISHED March 17, 2000

No. 209885 Wayne Circuit Court LC No. 96-609018-CH

Before: Murphy, P.J. and Hood and Fitzgerald, JJ. PER CURIAM. Plaintiff appeals as of right from the circuit court's order granting summary disposition in favor of defendants pursuant to MCR 2.116(C)(10). We affirm and remand for imposition of sanctions pursuant to MCR 7.216(C)(2) for bringing a vexatious appeal. I. Contrary to what plaintiff argues, the trial court did not rule that plaintiff's challenge regarding the validity of the building permit issued in 1996 was barred by collateral estoppel or res judicata. Rather, summary disposition was granted under MCR 2.116(C)(10), on the basis that there was no genuine issue of material fact and defendants were entitled to judgment as a matter of law. We find no error. Plaintiff's complaint alleged that defendant City of Ecorse violated state law and local ordinance when it granted defendant Dorr a building permit. In support of their motions for summary disposition, defendants presented the affidavit of Ecorse City Engineer Alan Schneider, which effectively refuted the allegations in plaintiff's amended complaint that Ecorse was not in compliance with 1986 PA 54, that -1

Ecorse failed to inspect Dorr's property, and that Ecorse failed to enforce

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Michigan Law