Beek v. City of Wyo., Docket No. 145816.
| Decision Date | 03 April 2013 |
| Docket Number | COA No. 306240.,Docket No. 145816. |
| Citation | 493 Mich. 957,828 N.W.2d 381 |
| Parties | John TER BEEK, Plaintiff–Appellee, v. CITY OF WYOMING, Defendant–Appellant. |
| Court | Michigan Supreme Court |
John TER BEEK, Plaintiff–Appellee,
v.
CITY OF WYOMING, Defendant–Appellant.
Docket No. 145816.
COA No. 306240.
Supreme Court of Michigan.
April 3, 2013.
Prior report: 297 Mich.App. 446, 823 N.W.2d 864.
On order of the Court, the application for leave to appeal the July 31, 2012 judgment of the Court of Appeals is considered, and it is GRANTED. [493 Mich. 957]The parties shall include among the issues to be briefed: (1) whether the defendant city's zoning code ordinance, which prohibits any use that is contrary to federal law, state law, or local ordinance, is subject to state preemption by the Michigan Medical Marihuana Act (MMMA), MCL 333.26421 et seq.; and (2) if so, whether the MMMA is subject to [493 Mich. 958]federal preemption by the federal Controlled Substances Act (CSA), 21 USC 801 et seq., on either impossibility or obstacle conflict preemption grounds. See 21 USC 903.
Persons or groups interested in the determination of the issues presented in this
case may move the Court for permission to file briefs amicus curiae.
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Beek v. City of Wyo.
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