Kenefick v. City of Battle Creek

Plaintiff appeals as of right the trial court’s dismissal of his complaint for declaratory relief challenging the constitutionality of a Battle Creek city ordinance. The trial court dismissed the complaint pursuant to MCR 2.116(I)(1) after determining that judgment as a matter of law was appropriate because the ordinance is not unconstitutionally vague and does not violate the Equal Protection Clause. We affirm.

We review de novo a trial court’s conclusion that a defendant is entitled to judgment as a matter of law under MCR 2.116(I)(1). Sobiecki v Dep’t of Corrections, 271 Mich App 139, 141;…