10/16/12 - A local attorney representing an elderly Brighton couple is asking for a stay of court proceedings in the legal battle over two homes the city wants torn down. Livingston County Circuit Court Judge Michael Hatty recently 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 can be repaired, they must be brought up to commercial standards and code. 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 is seeking to reverse that decision and has appealed. Attorney Dennis Dubuc represents Leon and Marilyn Bonner who first applied for the permits in January of 2009 after the City deemed there were alleged code violations at the two homes located on North Street. Dubuc says they applied for permits to repair the homes eleven times, which were denied by the City and the court eleven times. He tells WHMI the intent was always to fix up the homes to their original condition in the 1870âs. He says he believes 100% that the city doesn't want the homes fixed but demolished so it can put in a parking lot under eminent domain at less expensive cost since the Bonner's do not want to sell. The recent order states the City provide a list of concerns to Bonners and then have the Bonners apply for permits. Dubuc has appealed the ruling to fix the homes up to commercial standards and has filed a motion for a stay of proceedings that will be heard this Thursday in Circuit Court. Calls to the city attorney's office were not returned. (JM)
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