Legal Opinion

Detroit Police Officers Ass'n v. City of Detroit

Michigan Supreme Court

Decided February 28, 1972No. 18 April Term 1971, Docket No. 52,678PublishedCited by 87 opinions

1Opinion of the CourtSwainson, J.

I agree with the opinion of Justice Williams that the trial court erred in holding that the Detroit Common Council did not have the power to pass Ordinance 327-G.

I dissent from Part IV of my Brother’s opinion which holds that Ordinance 327-G violates the equal protection clauses of the United States Constitution and of the Michigan constitution.

The test for validity under the equal protection clauses, as noted by Justice Williams, is stated in Tracer v. Bushre (1968), 381 Mich 282, 286, 287:

“ ‘These constitutional provisions [the Federal and state equal protection clauses] do not mean that…

2Cases cited2 opinions

  1. Cook Coffee Co. v. Village of FlushingMichigan Supreme Court · 1934
  2. Tracer v. BushreMichigan Supreme Court · 1968

3Cited by87 opinions

  1. Association of Cleveland Fire Fighters v. City of ClevelandCourt of Appeals for the Sixth Circuit · 2007
  2. Foley v. ConnelieSupreme Court of the United States · 1978
  3. McCarthy v. Philadelphia Civil Service CommissionSupreme Court of the United States · 1976
  4. Detroit Police Officers Ass'n. v. City of DetroitMichigan Supreme Court · 1974
  5. Orville E. Stifel, II v. William F. Hopkins, Esq.Court of Appeals for the Sixth Circuit · 1973

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