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CHARTER TP. OF YORK v. MILLER

No. 335344

915 N.W.2d 373 (2018)

322 Mich.App. 648

CHARTER TOWNSHIP OF YORK, Plaintiff/Counter-Defendant-Appellant, v. Donald MILLER, Katherine Null, and David Miller, Defendants/Counter-Plaintiffs-Appellees.

Court of Appeals of Michigan.

Decided January 18, 2018, at 9:00 a.m. Leave to appeal sought.

Attorney(s) appearing for the Case

Victor L. Lillich for the Charter Township of York.

Dennis M. Hayes for Donald Miller, Katherine Null, and David Miller.

Before: Murphy, P.J., and Sawyer and Beckering, JJ.

Plaintiff appeals as of right from the trial court judgment that declared that plaintiff could not enforce its zoning ordinance's prohibition against growing of medical marijuana outdoors because the ordinance conflicted with the Michigan Medical Marihuana Act (MMMA), MCL 333.26421 et seq., and therefore, the ordinance was preempted...

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