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Brighton House Dispute Back to Court of AppealsBrighton House Dispute Back to Court of Appeals

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9/11/14 - The Michigan Court of Appeals will resume the case of an elderly Brighton couple now that a constitutional question has gone to the highest court in the land. In January of 2009, the City of Brighton ordered two homes owned by Leon and Marilyn Bonner demolished. City officials had determined that the run-down homes were a danger to public health and safety, and city ordinance decrees that dangerous homes were to be demolished if the cost to bring them up to code exceeds their value. However, Dennis Dubuc, the attorney for the Bonners, says his clients always intended to refurbish the houses and have the money to do so. They challenged the constitutionality of the ordinance, which was struck down by the Michigan Court of Appeals but later upheld by the Michigan Supreme Court. Dubuc has since filed to have their case heard by the U.S. Supreme Court. Meanwhile, he tells WHMI the Court of Appeals has set a date for oral arguments the question of whether the ordinance, regardless of its constitutionality, was applied unconstitutionally to the Bonners. He says he is not concerned about the state Supreme Court’s decision that the ordinance was valid. The Court of Appeals has set arguments for the full Bonner case for October 8th. Dubuc expects to know whether the ordinance will be examined by the U.S. Supreme Court by the end of October. (TD)

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