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Municipal / February 16, 2011
Court/Case No: Oakland County Circuit Court/2010-107782-CK
Tried/Argued Before: Judge
Demand: A declaratory ruling that the Township's zoning ordinance provisions relating to automobile services stations were unconstitutional and preempted by state law
Verdict: Summary disposition in favor of the Township declaring the Township's ordinance provisions valid and constitutional
Name of Judge(s): Hon. James M. Alexander
Keys to the Case:
The Plaintiff filed this lawsuit seeking a declaratory ruling that the Township’s zoning ordinance provisions relating to automobile service stations and the sale of alcohol at automobile services stations were preempted by state law and violated Plaintiff’s constitutional rights to due process and equal protection. The key to the case was persuading the Court that local communities have broad powers to regulate alcoholic beverage traffic within their boundaries and the Liquor Control Code did not occupy the field of regulation so as to preempt the Township’s ordinance. The Court found that the Liquor Control Code did not preempt the Township’s ordinance by completely occupying the field of regulation and the Township’s ordinance was not in conflict with the Liquor Control Code. The Court further found that the Township’s ordinance was rationally related to the preservation of the public health, safety and welfare and therefore dismissed the Plaintiff’s constitutional claims.
Defense SW attorney(s) Involved in Case: