Order Michigan Supreme Court
Lansing, Michigan
July 1, 2013 Robert P. Young, Jr.,
Chief Justice
146520 & (88) Michael F. Cavanagh
Stephen J. Markman
Mary Beth Kelly
Brian K. Zahra
Bridget M. McCormack
LEON V. BONNER and David F. Viviano,
MARILYN E. BONNER, Justices
Plaintiffs/Counter-Defendants-
Appellees,
v SC: 146520
COA: 302677
Livingston CC: 09-024680-CZ
CITY OF BRIGHTON,
Defendant/Counter-Plaintiff-
Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the December 4, 2012
judgment of the Court of Appeals is considered, and it is GRANTED. The Brighton
Code of Ordinances § 18-59 creates a presumption that an unsafe structure shall be
demolished as a public nuisance if the cost to repair the structure would exceed 100% of
the structure’s true cash value as reflected in assessment tax rolls before the structure
became unsafe and does not afford the owner of such a structure an option to repair as a
matter of right. The parties shall address whether § 18-59 is facially unconstitutional on
the basis that the ordinance violates: (1) substantive due process; and/or (2) procedural
due process. These issues are to be briefed separately by the parties.
The motion for leave to file brief amicus curiae is GRANTED. The Public
Corporation Law and the Real Property Law Sections of the State Bar of Michigan are
invited to file briefs amicus curiae. Other 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.
I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the
foregoing is a true and complete copy of the order entered at the direction of the Court.
July 1, 2013
p0626
Clerk