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RENTAL PROPERTY v. CITY OF GRAND RAPIDS

Docket No. 102642, Calendar No. 13.

566 N.W.2d 514 (1997)

455 Mich. 246

RENTAL PROPERTY OWNERS ASSOCIATION OF KENT COUNTY, Plaintiff-Appellee-Cross-Appellant, v. CITY OF GRAND RAPIDS, Defendant-Appellant-Cross-Appellee.

Supreme Court of Michigan.

Decided July 15, 1997.

Attorney(s) appearing for the Case

Murray, Pawlowski & Flakne, L.L.P. by George E. Pawlowski, Grand Rapids, for Plaintiff-Appellee-Cross-Appellant.

Philip A. Balkema, City Attorney, and Michael D. McGuire and Margaret P. Bloemers, Assistant City Attorneys, Grand Rapids, for Defendant-Appellant-Cross-Appellee..

Varnum, Riddering, Schmidt & Howlett, L.L.P. by Peter Armstrong and George B. Davis, Grand Rapids, amicus curiae, for Michigan Municipal League.

OPINION

WEAVER, Justice.

This case presents a facial constitutional challenge to a nuisance abatement ordinance (padlock ordinance) adopted by the Grand Rapids City Commission. Ordinance No. 93-39. The ordinance authorizes the commission to declare a property a public nuisance if it is found to be used repeatedly for illegal drugs or prostitution. Further, properties declared to be public nuisances may be padlocked

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