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

Docket No. 130672. Calendar No. 9.

733 N.W.2d 1 (2007)

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

Supreme Court of Michigan.

Decided June 20, 2007.

Attorney(s) appearing for the Case

Warner Norcross & Judd L.L.P. (by John J. Bursch and Joseph M. Infante), Grand Rapids, for the plaintiffs.

Braun Kendrick Finkbeiner P.L.C. (by Scott C. Strattard and Bruce L. Dalrymple), Saginaw, for the city of Saginaw.

Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, Sara R. Gosman, Special Assistant Attorney General, and Robert P. Reichel, Assistant Attorney General, Lansing, for amici curiae the Department of Natural Resources.

Foster Zack Little Pasteur & Manning, P.C. (by J. Kevin Winters and Marc D. Matlock), Okemos, for amici curiae the Michigan United Conservation Clubs.

Miller, Canfield, Paddock and Stone, P.L.C. (by Michael P. McGee and Jeffrey S. Aronoff), Detroit, for amici curiae the Michigan Municipal League.

Before the Entire Bench.

YOUNG, J.

Plaintiffs, property owners in the city of Saginaw, brought suit to challenge the validity of two city ordinances that ban the discharge of firearms and the discharge of arrows by bows within city limits. Plaintiffs claim that, because neither ordinance contains a hunting exception, the ordinances conflict with and are preempted by MCL 324.41901, a statute that gives the Michigan Department of Natural Resources (DNR) the authority to regulate and prohibit...

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