YELLOW TAIL VENTURES v. CITY OF BERKLEY

No. 357654, No. 357666, No. 358242.

1 N.W.3d 860 (2022)

344 Mich. App. 689

YELLOW TAIL VENTURES, INC., Plaintiff-Appellant/Cross-Appellee, and OAK Flint, LLC, Nature's Remedy of Berkley, LLC, and 123 Ventures, LLC, Plaintiffs-Cross-Appellees, v. CITY OF BERKLEY, Berkley City Council, Matthew Baumgarten, Matthew Koehn, Erin Schultow, and Daniel Hill, Defendants-Appellees/Cross-Appellants, and Attitude Wellness, LLC, doing business as Lume Cannabis Company, Cross-Appellant. Fire Farm, LLC, and Pure Roots, LLC, Plaintiffs-Appellants/Cross-Appellees, and Pure Life Berkley, LLC, Pure Life Berkley II, LLC, Berkley Herbal Center, LLC, and GS Ashley, LLC, Plaintiffs/Cross-Appellees, v. City of Berkley, Berkley City Council, Matthew Baumgarten, Matthew Koehn, Erin Schultow, and Daniel Hill, Defendants-Appellees/Cross-Appellants, and Attitude Wellness, LLC, doing business as Lume Cannabis Company, Cross-Appellant. Fire Farm, LLC, Pure Life Berkley, LLC, Pure Life Berkley II, LLC, Berkley Herbal Center, LLC, GS Ashley, LLC, and Pure Roots, LLC, Plaintiffs, and 3895 Euclid, LLC, Intervening Plaintiff-Appellant, v. City of Berkley, Berkley City Council, Matthew Baumgarten, Matthew Koehn, Erin Schultow, and Daniel Hill, Defendants-Appellees.

Court of Appeals of Michigan.

Decided December 15, 2022, 9:05 a.m.


Attorney(s) appearing for the Case

Aiello & Associates, PLLC, Warren (by Aaron D. Geyer and Christopher P. Aiello ) for Yellow Tail Ventures, Inc.; Oak Flint, LLC; Nature's Remedy of Berkley, LLC; and 123 Ventures, LLC.

Pollicella, PLLC (by Jacqueline Langwith ) for Fire Farm, LLC, and Pure Roots, LLC.

Kerr, Russell and Weber, PLC, Detroit (by Joanne G. Swanson and Richard V. Stokan ) and Hafeli Staran & Christ, PC (by John D. Staran and P. Daniel Christ , Bloomfield Hills) for the city of Berkley, the Berkley City Council, Matthew Baumgarten, Matthew Koehn, Erin Schultow, and Daniel Hill.

Honigman LLP, Lansing (by Kevin Blair ) for Attitude Wellness, LLC.

Serra Law Firm, PLLC (by Reese Serra and Mateusz Wozniak ) for 3895 Euclid, LLC.

Before: Hood, P.J., and Swartzle and Redford, JJ.


By approving Proposition 18-1, Michigan voters did not enact Mr. F.A. Hayek's Spontaneous Order with respect to marijuana. Though the ballot summary was a mere 99 words and the actual proposal that voters approved (though nowhere found on the ballot) exceeded 6,500 words, both the ballot summary and the actual statutory language make...

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