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DERUITER v. TP. OF BYRON

No. 158311.

949 N.W.2d 91 (2020)

505 Mich. 130

Christie DERUITER, Plaintiff/Counterdefendant-Appellee, v. TOWNSHIP OF BYRON, Defendant/Counterplaintiff-Appellant.

Supreme Court of Michigan.

Decided April 27, 2020.

Attorney(s) appearing for the Case

Dodge & Dodge, PC (by David A. Dodge ), Grand Rapids, for Christie DeRuiter.

McGraw Morris, PC (by Craig R. Noland and Amanda M. Zdarsky ), Troy, and Mika Meyers PLC (by Ross A. Leisman and Ronald M. Redick ), Grand Rapids, for Byron Township.

Bauckham, Sparks, Thall, Seeber & Kaufman, PC (by Robert E. Thall , Kalamazoo, and Catherine P. Kaufman , Portage), Amici Curiae for the Michigan Townships Association.

Rosati Schultz Joppich & Amtsbuechler PC (by Thomas R. Schultz ), Farmington Hills, Amicus Curiae for the Michigan Municipal League and the Government Law Section of the State. Bar of Michigan.

Pollicella & Associates, PLLC (by Denise Pollicella , Farmington Hills, Jaqueline Langwith , and Kyle A. Debruycker ) Amici Curiae for Cannabis Attorneys of Michigan.

BEFORE THE ENTIRE BENCH.

OPINION

In this case, we address whether defendant-counterplaintiff Byron Township's zoning ordinance, which regulates the location of registered medical marijuana caregiver activities and requires that a "primary caregiver"1 obtain a permit before cultivating medical marijuana, is preempted by...

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