Bonner v. City of Brighton

494 Mich. 873

832 N.W.2d 250

Leon V. BONNER and Marilyn E. Bonner, Plaintiffs/Counter–Defendants–Appellees,

v.CITY OF BRIGHTON, Defendant/Counter–Plaintiff–Appellant.

Docket No. 146520.

COA No. 302677.

Supreme Court of Michigan.

July 1, 2013.

Prior report: 298 Mich.App. 693, 828 N.W.2d 408.

Order

On order of the Court, the application for leave to appeal the December 4, 2012 judgment of the Court of Appeals is considered, and it is GRANTED. The Brighton Code of Ordinances § 18–59 creates a presumption that an unsafe structure shall be demolished as a public nuisance if the cost to repair the structure would exceed 100% of the structure's true cash value as reflected in assessment tax rolls before the structure became unsafe and does not afford the owner of such a structure an option to repair as a matter of right. The parties shall address whether § 18–59 is facially unconstitutional on the basis that the ordinance violates: (1) substantive due process; and/or (2) procedural due process. These issues are to be briefed separately by the parties.

The motion for leave to file brief amicus curiae is...