Opinion
Docket No. 145816. COA No. 306240.
2013-04-3
John TER BEEK, Plaintiff–Appellee, v. CITY OF WYOMING, Defendant–Appellant.
Prior report: 297 Mich.App. 446, 823 N.W.2d 864.
Order
On order of the Court, the application for leave to appeal the July 31, 2012 judgment of the Court of Appeals is considered, and it is GRANTED. The parties shall include among the issues to be briefed: (1) whether the defendant city's zoning code ordinance, which prohibits any use that is contrary to federal law, state law, or local ordinance, is subject to state preemption by the Michigan Medical Marihuana Act (MMMA), MCL 333.26421 et seq. ; and (2) if so, whether the MMMA is subject to federal preemption by the federal Controlled Substances Act (CSA), 21 USC 801 et seq., on either impossibility or obstacle conflict preemption grounds. See 21 USC 903.
Persons or groups interested in the determination of the issues presented in this case may move the Court for permission to file briefs amicus curiae.