Michigan Supreme Court to Analyze State and Federal Preemption of Local Zoning Ordinances Outlawing Marijuana Use

On April 3, 2013, the Supreme Court granted the City of Wyoming’s Application for Leave to Appeal the Court of Appeals ruling that its local zoning ordinance, enacted to prohibit use of marijuana, conflicted with the Michigan Medical Marihuana Act (MMMA) and the federal Controlled Substances Act.

The Supreme Court has requested the parties to address whether the local ordinance is preempted by either state or federal law.  This case will likely garner much attention as the MMMA has been under fire for some time and has been addressed at many levels of the judicial system since its enactment.

Here is the COA Opinion: Ter Beek v. City of Wyoming (COA Opinion)

Here is the Supreme Court’s grant order: Ter Beek v. City of Wyoming (Order)

About cjtucker06

Owner of law firm since July 2014; Handles all types of appellate matters and assists other lawyers with complex litigation and insurance coverage issues; Admitted to the Supreme Court of the United States, the Sixth Circuit Court of Appeals and the State Bar of Michigan; Expertise in prosecuting and defending appeals with several significant successes in the Sixth Circuit Court of Appeals, the Michigan Supreme Court and the Michigan Court of Appeals; Author of briefs amicus curiae in the Michigan Supreme Court for the Michigan Defense Trial Counsel and the Insurance Institute of Michigan; Represents Insurance Companies, Major International Business, Governmental Entities, Law Enforcement Officers and County Sheriffs. Board of Directors, Michigan Defense Trial Counsel Amicus Committee Co-Chair, Michigan Defense Trial Counsel Military - Retired Major in the Judge Advocate General (JAG) Corps of the United States Army, Brigade Judge Advocate and Staff JAG officer for the Maneuver Training Center, Camp Grayling, Michigan; Recipient of the Army's Meritorious Service Medal (the highest medal of honor available to Soldiers serving in non-combat roles); 2012 Graduate of the Judge Advocate Officer Advanced Course, at The Judge Advocate Legal Center and School, Charlottesville, Virginia. United States Navy Reserves, Combat Warfare Qualification, January 1989 to July 2003 Former law clerk to Justice Stephen J. Markman, Michigan Supreme Court, Research Attorney, Michigan Court of Appeals. Insurance Coverage Associate Plunkett Cooney; Environmental Law Attorney at Squire Sanders, now Squire Patton Boggs; Master's Degree in Environmental Law; Environmental Law Scholar, ALI/ABA Washington, D.C., Juris Doctorate, Vermont Law School, Environmental Editor, Vermont Law Review; Treasurer and Finalist, Moot Court Advisory Board.
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