Michigan Restaurant Ass'n v. City of Marquette

This case involves an amendment of a Marquette city ordinance. The amendment placed a total ban on smoking in restaurants. Plaintiffs argued that the amendment was in conflict with a state statute governing nonsmoking seating in food service establishments and sought to regulate an area already preempted by state law. The trial court agreed and granted summary disposition in favor of plaintiffs under MCR 2.116(C)(10). Defendant appeals as of right. We affirm.

*65Defendant argues that the Michigan statute mandating a minimum number of nonsmoking seats in food service establishments does not…