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BONNER v. CITY OF BRIGHTON

Docket No. 146520. Calendar No. 3.

848 N.W.2d 380 (2014)

495 Mich. 209

BONNER v. CITY OF BRIGHTON.

Supreme Court of Michigan.

Decided April 24, 2014.

Attorney(s) appearing for the Case

Garan Lucow Miller , PC, Detroit (by Rosalind Rochkind and Caryn A. Gordon ), Pedersen, Keenan, King, Wachsberg & Andrzejak, PC, Commerce Township (by Michael M. Wachsberg ), and Law Offices of Paul E. Burns , Brighton (by Paul E. Burns and Bradford L. Maynes ) for the city of Brighton.

Essex Park Law Office, PC, S Lyon (by Dennis B. Dubuc ), for Leon and Marilyn Bonner.

McClelland & Anderson, LLP, Lansing (by David E. Pierson ), and Vercruysse Murray and Calzone PC, Farmington Hills (by Ronald E. Reynolds) for the Real Property Section of the State Bar of Michigan.

Plunkett Cooney , Bloomfield Hills (by Mary Massaron Ross and Josephine A. DeLorenzo ) for the Michigan Municipal League.

McClelland & Anderson, LLP (by Gregory L. McClell and Melissa A. Hagen , Lansing), for the Michigan Association of Realtors.

Johnson, Rosati , Schultz & Joppich, P.C., Farmington Hills (by Carol A. Rosati and Thomas R. Schultz ), for the Public Corporation Law Section of the State Bar of Michigan.

MARILYN J. KELLY, J.

This case involves two landowners' facial challenge to the constitutionality of § 18-59 of the Brighton Code of Ordinances (BCO), which creates a rebuttable presumption that an unsafe structure may be demolished as a public nuisance if it is determined that the cost to repair the structure would exceed 100 percent of the structure's true cash value as reflected in assessment tax rolls before the...

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