Bonner v. City of Brighton
Michigan Court of Appeals
828 N.W.2d 408 (Mich. Ct. App. 2012)
A municipal ordinance must bear a reasonable relationship to a permissible legislative objective in order to comport with the requirements of due process.
Relevant Facts
The Bonners (the plaintiffs) owned two houses and a garage in the City of Brighton (the defendant). A city building official determined that the plaintiffs’ structures were in disrepair and that it would be unreasonable to repair the structures. Under a city ordinance, the official ordered the plaintiffs to demolish the structures. The relevant ordinance stated: “Whenever the city has determined that a structure is unsafe and has determined that the cost of the repairs would exceed 100% of the true cash value of the structure, such repairs shall be presumed unreasonable and it shall be presumed that such structure is a public nuisance which may be ordered demolished without option on the part of the owner to repair.”
The plaintiffs appealed to the city council, which affirmed the city official’s determination. Subsequently, the plaintiffs sued, arguing that the city ordinance was unconstitutional because it violated their due process rights. The trial court granted the plaintiffs partial summary judgment and the defendant appealed.
Issue
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Holding & Reasoning
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Concurrence
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Dissent
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Last updated:
January 7, 2021
Judicial Opinion
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Procedural History
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Citations
828 N.W.2d 408 (Mich. Ct. App. 2012)