12/1/12 - A local attorney representing an elderly Brighton couple says a recent Court of Appeals ruling is a victory in the legal battle over two homes the city wants torn down. Attorney Dennis Dubuc represents Leon and Marilyn Bonner who applied multiple times for permits beginning in January of 2009 after the City deemed there were alleged code violations at the two homes located on North Street. Dubuc says the intent has always been to fix up the homes to their original condition in the 1870âs but they were denied on numerous occasions by the City and Livingston County Circuit Court Judge Michael Hatty. In a recent opinion, Dubuc tells WHMI the Michigan Court of Appeals reversed two decisions and vacated another, which reinstates all of the federal claims against the City but not against those previously filed against individual council members. Dubuc says the Court of Appeals also erred in issuing an order six months ago, which is referenced in the latest opinion. Dubuc says he and the Bonners are thrilled with the ruling and Hatty has been reversed on the dismissal of the federal claims against the City of Brighton. He says the other case is being reinstated and it will go forward, hopefully to a jury to determine if what the city has done is improper as to the constitutional violations of the Bonners. Dubuc adds that what is even more important about the recent order is whatâs not in it. He says it shows that there was a separate order entered in June declaring the Cityâs ordinance unconstitutional. Dubuc says the Court of Appeals is working to clear up the matter and hopefully things will be cleared up next week with a corrected order filed listing the proper cites and dates, adding he hopes to actually see the order finding the ordinance unconstitutional. Hatty previously ruled that since the homes have not been used for the past 30 years as a residence, their status as a non-conforming use in the downtown commercial district is gone and while they could be repaired, they must be brought up to commercial standards and code, which Dubuc appealed. The City has sought to tear down the homes based on its ordinance, which Hatty deemed to be unconstitutional in November of 2010 but the City sought to reverse that decision and appealed. (JM)
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