Bonner v. City of Brighton
Michigan Court of Appeals
828 N.W.2d 408 (Mich. Ct. App. 2012)
The Bonners (plaintiffs) owned two houses and a garage/barn in the City of Brighton (defendant). The structures were in disrepair and a city building official determined under a city ordinance that it would be unreasonable to repair the structures and that the Bonners must demolish them. The city ordinance stated: “Whenever the city . . . has determined that a structure is unsafe and has determined that the cost of the repairs would exceed 100 percent of the true cash value of the structure . . . such repairs shall be presumed unreasonable and it shall be presumed . . . that such structure is a public nuisance which may be ordered demolished without option on the part of the owner to repair.” The Bonners appealed to the city council, which affirmed the city official’s determination. The Bonners then brought suit, arguing that the city ordinance was unconstitutional because it violated their due process rights. The trial court agreed and granted the Bonners partial summary judgment. The City appealed.
Rule of Law
Holding and Reasoning (Markey, J.)
Dissent (Murray, J.)
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