CITY OF DETROIT v. QUALLS

Docket No. 83408, (Calendar No. 7).

434 Mich. 340 (1990)

454 N.W.2d 374

CITY OF DETROIT v. QUALLS

Supreme Court of Michigan.

Decided April 3, 1990.


Attorney(s) appearing for the Case

Donald Pailen, Corporation Counsel, Harnetha Jarrett, Assistant Corporation Counsel, and David L. Rose, Pro Hac Vice, for the City of Detroit.

Hugh M. Davis, Jr., for the defendant.


BOYLE, J.

An issue regarding the validity of a provision in an ordinance may be resolved in a forfeiture proceeding on a summary disposition motion for purposes of collateral estoppel. We find, however, that the city failed to persuade this Court that the ruling holding the storage provision valid was necessary to the 1982 judgment concerning forfeiture of fireworks seized in 1979. Therefore, we hold that the defendant was not precluded from raising the issue as an...

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