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158311 - Christie DeRuiter v Township of Byron

Christie DeReuiter,

 

David Dodge

 

Plaintiff/Counterdefendant-Appellee,

 

v

(Appeal from Ct of Appeals)

 

 

(Kent – Sullivan, P.)

 

Township of Byron,

 

Craig Noland

 

Defendant/Counterplaintiff-Appellant.

 

Summary

Plaintiff/counter-defendant Christie DeRuiter is a registered medical marijuana caregiver who started growing marijuana in a building zoned commercial, apparently in compliance with the requirements of the Michigan Medical Marihuana Act (MMMA), MCL 333.26421 et seq.  However, defendant/counter-plaintiff Byron Township’s zoning ordinance only allows caregivers to grow medical marijuana as a home occupation, with a permit, in property zoned residential.  DeRuiter received a letter from the township informing her that she was in violation of the zoning ordinance.  She filed a complaint, and the township filed a counter-complaint.  The trial court held that the zoning regulations were preempted by the MMMA, granted summary disposition to DeRuiter, and denied summary disposition to the township.  The Court of Appeals affirmed in a published opinion, holding that the zoning ordinance directly conflicts with the MMMA.  The Supreme Court has ordered oral argument on the township’s application for leave to appeal to address whether the township’s zoning ordinance pertaining to the location of registered medical marijuana caregivers is preempted by the MMMA. ​