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.