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RESTAURANT ASS'N v. CITY OF MARQUETTE

Docket No. 217232.

626 N.W.2d 418 (2001)

245 Mich. App. 63

MICHIGAN RESTAURANT ASSOCIATION, and Team Landmark, Inc., Marquette Mountain Food & Beverage Corporation, Park Third, Inc., Starburst Corporation; Office Lounge, Inc., Tiroler Hof Inn, Inc., and Michigan Chamber of Commerce, Plaintiff-Appellees, v. CITY OF MARQUETTE, Defendant-Appellant.

Court of Appeals of Michigan.

Decided March 13, 2001, at 9:00 a.m.

Released for Publication May 7, 2001.

Attorney(s) appearing for the Case

Clancey, Hansen, Chilman & Greenlee, P.C. (by Walter L. Hansen), Ishpeming, for the plaintiffs.

Warner Norcorss & Judd LLP, (by J.A. Cragwall, Jr., and John J. Bursch), Grand Rapids, for the defendant.

Varnum, Riddering, Schmidt & Howlett LLP, (by Peter Armstrong), Grand Rapids, for amici curiae Michigan Municipal League.

Varnum, Riddering, Schmidt & Howlett LLP (by Elizabeth J. Fossel), Grand Rapids, for amici curiae American Lung Association of Michigan, American Cancer Society, Great Lakes Division, Inc. and American Heart Association, Midwest Affiliate.

Reed, Stover & O'Connor, P.C., (by Richard D. Reed and Patricia R. Mason), Kalamazoo, for amici curiae Americans for Nonsmokers' Rights.

Before GRIBBS, P.J., and MICHAEL J. KELLY and HOEKSTRA, JJ.

MICHAEL J. KELLY, J.

This case involves an amendment of a Marquette city ordinance. The amendment placed a total ban on smoking in restaurants. Plaintiffs argued that the amendment was in conflict with a state statute governing nonsmoking seating in food service establishments and sought to regulate an area already preempted by state law. The trial court agreed and granted summary disposition in favor of plaintiffs under MCR 2.116(C)(10). Defendant appeals as of right...

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