PEOPLE v. CONSOLIDATED RAIL CORP.

Docket No. 77663.

145 Mich. App. 707 (1985)

378 N.W.2d 581

PEOPLE v. CONSOLIDATED RAIL CORPORATION

Michigan Court of Appeals.

Decided September 16, 1985.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, James J. Gregart, Prosecuting Attorney, and Michael H. Dzialowski, Assistant Prosecuting Attorney, for the people.

Marcoux, Allen & Beaman, P.C. (by Raymond E. McQuillan), for defendant.

Before: SHEPHERD, P.J., and R.M. MAHER and W.R. PETERSON, JJ.


SHEPHERD, P.J.

Defendant was convicted in district court of permitting three of its trains to obstruct a street for a period longer than five minutes, MCL 466.23; MSA 22.281(1). Defendant unsuccessfully moved for dismissal on the ground that the statute, MCL 466.23, as applied to the instant matters, violated the Commerce Clause of the United States Constitution, Article I, § 8. The circuit court affirmed. This Court granted leave to appeal. We affirm.

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