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TER BEEK v. CITY OF WYOMING

Docket No. 306240.

823 N.W.2d 864 (2012)

297 Mich. App. 446

TER BEEK v. CITY OF WYOMING.

Court of Appeals of Michigan.

Decided July 31, 2012, at 9:15 a.m.

Attorney(s) appearing for the Case

Daniel S. Korobkin , Michael J. Steinberg , Kary L. Moss , Detroit, Michael O. Nelson , Grand Rapids, and Miriam J. Aukerman for John Ter Beek.

Sluiter, Van Gessel, Winther & Carlson, PC (by Jack R. Sluiter and Arthur P. Winther , Wyoming), for the city of Wyoming.

Donald L. Knapp, Jr. , Corporation Counsel, and Michael E. Fisher , Assistant Corporation Counsel, for Amicus Curiae the city of Livonia.

Before: SHAPIRO, P.J., and HOEKSTRA and WHITBECK, JJ.

HOEKSTRA, J.

In this declaratory judgment action, plaintiff, John Ter Beek, appeals as of right the trial court's order granting summary disposition in favor of defendant, the city of Wyoming. Plaintiff sought to void defendant's zoning ordinance on state preemption grounds because the zoning ordinance was enacted to prohibit conduct permitted by the Michigan Medical Marihuana Act (MMMA), MCL 333.26421 et seq. Because we conclude that defendant's zoning ordinance...

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