|Case Forum:||Michigan Court of Appeals|
|Keywords:||Michigan Constitution, public health, Home Rule City Act (HRCA), smoking, ordinance|
Peter Armstrong (P10255)
This case is about the powers of home rule cities because the trial court failed to observe and follow the constitutional mandate of liberal construction in favor of cities; and this case
This case involves an amendment of a Marquette city ordinance. The amendment placed a total ban on smoking in restaurants. Plaintiffs argued that the amendment was in conflict with a state statute governing nonsmoking seating in food service establishments and sought to regulate an area already preempted by state law. The trial court agreed and granted summary disposition in favor of plaintiffs under MCR 2.116 (C)(10). Defendant appeals as of right. We affirm.
|MSC requested LDF amicus brief?||No|
The City of Marquette is a Michigan Home Rule City, granted power by Michigan to “adopt resolutions and ordinances relating to its municipal concerns, property and government.”