CITY OF LIVONIA v. DSS

Docket Nos. 70315, 70316, 71155, 71377. (Calendar Nos. 1, 2).

423 Mich. 466 (1985)

378 N.W.2d 402

CITY OF LIVONIA v. DEPARTMENT OF SOCIAL SERVICES GREENTREES CIVIC ASSOCIATION, INC v. PIGNATIELLO

Supreme Court of Michigan.

Decided November 21, 1985.


Attorney(s) appearing for the Case

Harry C. Tatigian, Livonia City Attorney, and Cathy L. Kerby, Assistant City Attorney, for the plaintiffs in Livonia.

Michael G. Weiss and Stuart J. Rice for Greentrees Civic Association, Inc.

Phillip L. Poole, Southfield Deputy City Attorney for the City of Southfield.

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, and Janis Meija and William K. Basinger, Assistant Attorneys General, for the Department of Social Services.

Garrett & Rogers, P.C. (by Jon R. Garrett), for the defendants in Livonia.

Dolores M. Coulter for Michigan Protection & Advocacy Service for Developmentally Disabled Citizens, Inc., intervening defendants in Livonia.

T. Gordon Scupholm, II, for the defendants in Greentrees.

Amici Curiae in Livonia:

Marsha Lynn Tuck for Association for Retarded Citizens/Michigan, Inc.

Clan Crawford, Jr., for Michigan Association of Municipal Attorneys and Public Corporation Section of the State Bar of Michigan.

Amici Curiae in Greentrees:

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, and Janis Meija and William K. Basinger, Assistant Attorneys General, in support of defendants.

Jon R. Garrett for Metropolitan Detroit Public Interest Law Center.

Dolores M. Coulter for Michigan Protection & Advocacy Service for Developmentally Disabled Citizens, Inc.


CAVANAGH, J.

Plaintiffs contest the propriety of allowing four adult foster care (AFC) small group homes for six or less developmentally disabled or mentally ill adults to operate in several residential areas of Livonia and Southfield, Michigan. They raise a variety of challenges to the 1979 Adult Foster Care Facility Licensing Act (AFCFLA), 1979 PA 218, MCL 400.701 et seq.; MSA 16.610(51) et seq., and § 3b of the City and Village Zoning Act (CVZA...

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