CITY OF WARREN v. CONSTRUCTION CODE COMM.

Docket No. 22033.

66 Mich. App. 493 (1976)

239 N.W.2d 640

CITY OF WARREN v. STATE CONSTRUCTION CODE COMMISSION

Michigan Court of Appeals.

Decided January 7, 1976.


Attorney(s) appearing for the Case

Thomas Marrocco and Robert J. Lord, for the City of Warren and the City Council.

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, and James H. White and James D. Mueller, Assistants Attorney General, for the Construction Code Commission.

Before: McGREGOR, P.J., and D.E. HOLBROOK, Jr., and M.J. KELLY, JJ.


M.J. KELLY, J.

This is an appeal, by leave granted, from a temporary restraining order exempting the plaintiff city from the application of the State Construction Code Act of 1972, MCLA 125.1501 et seq.; MSA 5.2949(1) et seq. Specifically the plaintiffs allege that MCLA 125.1504; MSA 5.2949(4) is unconstitutional because it is an unauthorized delegation of legislative authority. This section reads as follows...

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