Charter Township of Meridian v. Roberts, Docket No. 55351

Decision Date23 September 1982
Docket NumberDocket No. 55351
Citation324 N.W.2d 339
PartiesCHARTER TOWNSHIP OF MERIDIAN, Plaintiff-Appellant, v. David M. ROBERTS, d/b/a Custom Cablevision, and Nemoke Cablevision, Louis J. Eyde, d/b/a East Lansing Management Company, and George F. Eyde and Louis J. Eyde, d/b/a Eyde Construction Company, a Michigan co-partnership, Defendants-Appellees. 324 N.W.2d 339
CourtCourt of Appeal of Michigan — District of US
ORDER

In this cause, an application for rehearing is filed by defendants-appellees, and an answer in opposition thereto having been filed, and due consideration thereof having been had by the Court,

IT IS ORDERED that the application be, and the same is hereby, GRANTED. The opinion, 114 Mich.App. 803, 319 N.W.2d 678, is amended to add the following language immediately before the final paragraph ("Reversed.") on page 319 N.W.2d at 683:

"Defendants remain free to claim at the trial level that local regulation is pre-empted by regulations of the Federal Communications Commission. See New York State Commission on Cable Television v. Federal Communications Commission, 669 F.2d 58 (CA 2, 1982)."

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2 cases
  • Carlson v. Village of Union City, Mich.
    • United States
    • U.S. District Court — Western District of Michigan
    • January 29, 1985
    ...Court of Appeals has specifically held that it is. Meridian Township v. Roberts, 114 Mich.App. 803, 319 N.W.2d 678, amended, ___ Mich.App. ___, 324 N.W.2d 339 (1982). This Court will defer to the state court's interpretation of its own constitution. See Community Communications Co. v. City ......
  • Mich. Concrete Ass'n v. Dep't of Transp.
    • United States
    • Court of Appeal of Michigan — District of US
    • November 17, 2022
    ...107; 44 N.W.2d 892 (1950), and Meridian Charter Twp v Roberts, 114 Mich.App. 803; 319 N.W.2d 678 (1982), amended on other grounds 324 N.W.2d 339 (1982). Those three cases, stand for the proposition that governmental authorities may obtain injunctive relief to prevent violations of criminal ......

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