Big Win in the Courts for Local Units of Government

An important announcement by the League’s
Municipal Litigation Center and Legal Defense Fund

In an important ruling for local units of government, on January 19, 2007 the Michigan Supreme Court vacated its earlier order and denied leave to appeal the Court of Appeals’ decision of Azzar v City of Grand Rapids. The Supreme Court let stand the Court of Appeals’ unpublished decision which held that the Single State Construction Code Act and the State Construction Code do not preempt Grand Rapids’ building maintenance code. The Michigan Supreme Court’s action came after the parties had filed briefs and argued the case before the Court. The Michigan Municipal League, through the Legal Defense Fund, filed an amicus brief with the Michigan Supreme Court in support of Grand Rapids.

This is an important win for local units of government as they continue to exercise local control on behalf of their communities. The League will prepare and provide follow-up information for municipalities on the practical application of the decision within the next several weeks.