|Case Forum:||Michigan Supreme Court|
|Keywords:||Stille-DeRossett-Hale Single State Construction Code Act, property maintenance, building maintenance, pre-emption, ordinance|
Dennis E. McGinty (P 17407) | Thomas M. Yeadon (P38237) |
Michigan Townships Association (MTA)
When property maintenance regulations and construction regulations are properly distinguished, as the legislatures and courts have historically done, it is clear that there was never an
The Michigan Supreme Court initially granted leave to appeal in 2006. However, after briefing and oral argument, the Michigan Supreme Court vacated its earlier order and denied leave to appeal the Court of Appeals’ decision in 2007. The Court let stand the Court of Appeals’ favorable decision which held that the Act and the Code did not preempt the Grand Rapids Building Maintenance Code.
|MSC requested LDF amicus brief?||Yes|
The city of Grand Rapids cited Azzar for violating its local Building Maintenance Code. Azzar’s subsequent prosecution for Building Maintenance Code violations resulted in an acquittal as Azzar had corrected the violations. Nonetheless, Azzar asserted that the Stille-DeRossett-Hale Single State