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CITY OF EAST LANSING v. YOCCA

Docket No. 78757.

142 Mich. App. 491 (1985)

369 N.W.2d 918

CITY OF EAST LANSING v. YOCCA

Michigan Court of Appeals.

Decided May 7, 1985.

Attorney(s) appearing for the Case

McGinty, Brown, Jakubiak, Frankland & Hitch, P.C. (by Thomas M. Hitch), for plaintiff.

Hubbard, Fox, Thomas, White & Bengtson, P.C. (by Thomas A. Bengtson), for defendant.

Before: DANHOF, C.J., and T.M. BURNS and BEASLEY, JJ.

DANHOF, C.J.

Defendant, David Yocca, appeals from the decision of the circuit court which upheld the provisions of the East Lansing Traffic Code contained in Chapter 126 of Title X of the City Code which prohibit the operation of a vehicle under the influence of liquor. Defendant was charged with violating those provisions, but, on March 22, 1984, the district court granted defendant's motion to dismiss, finding that the City of East Lansing improperly promulgated...

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