Bonner v. City of Brighton
Michigan Supreme Court
848 N.W.2d 380 (2014)
- Written by Rich Walter, JD
Facts
Leon and Marilyn Bonner (plaintiffs) owned three unsafe, dilapidated structures in the City of Brighton, Michigan (city) (defendant). The city government had adopted an ordinance creating a rebuttable presumption that unsafe structures could be demolished in the interest of public health, safety, and welfare if repairs would cost more than the structures’ tax-assessed value. City officials properly followed the necessary procedures for invoking the ordinance and ordered the Bonners to demolish their structures. The ordinance provided for two levels of appeal. The Bonners lost their appeal to the city council and chose not to appeal to the local circuit court. Instead, the Bonners sued the city to overturn the ordinance as a facially unconstitutional violation of a property owner’s right to substantive and procedural due process. The circuit court granted summary judgment for the Bonners and was affirmed on appeal by Michigan’s intermediate appellate court. The city appealed to the Michigan Supreme Court.
Rule of Law
Issue
Holding and Reasoning (Kelly, J.)
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