Miller v. Fabius Township Board

114 N.W.2d 205 (1962)

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Miller v. Fabius Township Board

Michigan Supreme Court
114 N.W.2d 205 (1962)

DD

Facts

The Michigan legislature enacted 1957 Mich. Pub. Acts 310, § 8 (the statute), a state law that prohibited waterskiing from one hour after sunset to one hour before sunrise. The Fabius Township Board (the board) (defendant) enacted an ordinance (the ordinance) that prohibited waterskiing on Pleasant Lake from 4:00 p.m. to 10:00 a.m. Philip Miller (plaintiff) brought suit, contending that the statute precluded the board from enacting the ordinance. The trial court found that the ordinance was valid. Miller appealed.

Rule of Law

Issue

Holding and Reasoning (Kavanagh, J.)

Dissent (Souris, J.)

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