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GORA v. CITY OF FERNDALE

Docket No. 148434.

210 Mich. App. 622 (1995)

533 N.W.2d 840

GORA v. CITY OF FERNDALE

Michigan Court of Appeals.

Decided May 19, 1995, at 9:00 A.M.

Attorney(s) appearing for the Case

Stephen M. Taylor, P.C. (by Stephen M. Taylor), for Hildegard Gora.

Rubin & Rubin (by Carl L. Rubin), for the Loving Touch, Inc., and others.

Brian M. Smith & Associates, P.C. (by Brian M. Smith), for the defendants.

Before: MURPHY, P.J., and MICHAEL J. KELLY and SAAD, JJ.

MICHAEL J. KELLY, J.

Defendant appeals as of right an order of the circuit court finding unconstitutional certain portions of a Ferndale ordinance regulating massage establishments and massagists. We vacate the circuit court's order and hold that the entire ordinance is unenforceable because the regulation of massagists has been preempted by the Occupational Code, MCL 339.101 et seq.; MSA 18.425(101) et seq., and in particular by its provisions regarding...

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