|Case Forum:||Michigan Supreme Court|
|Keywords:||rational basis, facial challenge, due process, police power|
Mary Massaron Ross | Josephine A. DeLorenzo | Plunkett Cooney | 38503 Woodward Ave., Suite 2000 | Bloomfield Hills, MI 48304 | 313-983-4801
Amicus counsel argues that the City of Brighton Code of Ordinances § 18-59 is neither facially unconstitutional, nor does it violate substantive due process. Facial due process challenges are evaluated by the rational basis standard, and the burden is upon the Bonners to prove that the ordinance is arbitrary and unreasonable, and that there is no factual scenario in which it would be valid. However, the ordinance, which is to demolish unsafe structures because of the potential for crime, decreased property values, costs incurred by the city, and danger to the public, is reasonably related to a permissible legislative objective: protecting the health, safety, and welfare of the public. Also, as the Court of Appeals found, there are certain factual situations where repair efforts cannot be allowed, even though the owner wants to do so. Additionally, counsel contends that the ordinance does not violate procedural due process on its face because Michigan law does not require a right to repair, only notice and an opportunity to be heard, which the ordinance provides, along with a reasonable, rebuttable presumption that a structure will not be repaired if the cost is greater than the value of the building. Therefore, counsel respectfully requests the decision of the Court of Appeals be reversed.
Michigan Supreme Court:
|MSC requested LDF amicus brief?||No|
Plaintiffs own two residential properties in downtown Brighton. Situated on these properties are three structures—two former residential homes and one barn/garage—all of which have been unoccupied and generally unmaintained for over 30 years. In January 2009, defendant city of Brighton’s (the City) building and code enforcement officer informed plaintiffs via written notice that these three structures had been deemed “unsafe” in violation of the Brighton Code of Ordinances, and further constituted public nuisances in violation of Michigan common