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BUTCHER v. CITY OF DETROIT

Docket No. 64900.

131 Mich. App. 698 (1984)

347 N.W.2d 702

BUTCHER v. CITY OF DETROIT

Michigan Court of Appeals.

Decided February 6, 1984.

Attorney(s) appearing for the Case

Robert E. Butcher, for plaintiff.

Thomas B. Serowik, Assistant Corporation Counsel, Otto J. Hetzel, Special Counsel, and Craig, Farber & Downs (by Roger E. Craig), for defendant.

Amici Curiae:

Michigan Legal Services (by Robert F. Gillett), for Westside Mothers Welfare Rights Organization, United Community Housing Coalition, and Michigan Legal Services.

Ronald J. Palmer and David P. Trahan, for Standard Federal Savings and Loan Association.

Before: M.J. KELLY, P.J., and HOOD and SHEPHERD, JJ.

HOOD, J.

On June 3, 1982, the trial court granted partial summary judgment for plaintiff. It held that defendant's ordinance requiring an inspection for one- and two-family dwellings is unconstitutional. Defendant appeals by leave granted.

Basically, defendant's ordinance, 124-H, §§ 12-7-1 et seq.,1 requires a valid certificate of approval or a valid inspection report from defendant before a

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