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GAUTHIER v. ALPENA CTY. PROSECUTOR

Docket No. 253200.

703 N.W.2d 818 (2005)

267 Mich. App. 167

Wayne GAUTHIER, d/b/a Concert Connection, Plaintiff-Appellant, v. ALPENA COUNTY PROSECUTOR, Defendant-Appellee.

Court of Appeals of Michigan.

Decided June 28, 2005, at 9:05 a.m.

Released for Publication September 15, 2005.

Attorney(s) appearing for the Case

Denise M. Burke, Alpena, for the plaintiff.

Dennis P. Grenkowicz, Prosecuting Attorney, and Richard K. Steiger, Assistant Prosecuting Attorney, for the defendant.

Before: MURRAY, P.J., and O'CONNELL and DONOFRIO, JJ.

PER CURIAM.

Plaintiff appeals as of right a declaratory judgment in which the trial court declared that certain items offered for sale at plaintiff's business constitute "drug paraphernalia" under MCL 333.7451, and were sold or offered for sale in violation of MCL 333.7453(1). We affirm in part and reverse in part.

Plaintiff is the owner and operator of a small business called Concert Connection, which is located...

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