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CZYMBOR'S TIMBER, INC. v. CITY OF SAGINAW

Docket No. 263505.

711 N.W.2d 442 (2006)

269 Mich. App. 551

CZYMBOR'S TIMBER, INC. and Michael Czymbor, Plaintiffs-Appellants, v. CITY OF SAGINAW, Defendant-Appellee, and Saginaw City Council and Deborah Kimble, Defendants.

Court of Appeals of Michigan.

Decided January 26, 2006, at 9:00 a.m.

Released for Publication March 31, 2006.

Attorney(s) appearing for the Case

Warner Norcross & Judd LLP (by John J. Bursch and Daniel C. Persinger), Grand Rapids, for the plaintiffs.

Braun Kendrick Finkbeiner, P.L.C. (by Scott C. Strattard), for the City of Saginaw.

Before: BANDSTRA, P.J., and FITZGERALD and WHITE, JJ.

FITZGERALD, J.

Plaintiffs filed this action for declaratory relief to challenge the validity of two ordinances that prohibit the discharge of firearms and the discharge of projectiles by bows, slingshots, and similar devices within the city limits of Saginaw. Neither ordinance contains an exception for hunting. Plaintiffs alleged that the ordinances are preempted by MCL 324.41901. Defendant city of Saginaw moved for summary disposition pursuant to MCR 2.116(C)(8)...

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