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STATE OF MICHIGAN
COURT OF APPEALS


ROY RATHKA, JR., Plaintiff-Appellant, V CITY OF TROY, Defendant-Appellee.

UNPUBLISHED January 17, 2006

No. 256482 Oakland Circuit Court LC No. 2003-050647-CH

Before: Donofrio, P.J., and Borrello and Davis, JJ. PER CURIAM. Plaintiff appeals as of right from the trial court's opinion and order granting summary disposition to defendant City of Troy (the city), under MCR 2.116(C)(10). We affirm. Plaintiff owns lots 18 through 22 in the Pleasant View Subdivision in the city of Troy. The property is zoned R-2, two-family residential. In 1993, plaintiff was allowed to split lot 20 and consolidate the northern half of lot 20 with lots 18 and 19, and consolidate the southern half of lot 20 with lots 21 and 22, resulting in two larger parcels, a northern parcel and a southern parcel. Plaintiff subsequently constructed a duplex on the northern parcel, which fronts Haldane Avenue. In 1999, plaintiff applied for a building permit to construct a duplex on the southern parcel. His request was denied because that parcel did not have frontage on a public street that had been accepted for maintenance by the city, contrary to the city's zoning ordinance,

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