Ter Beek v. City of Wyoming

In this declaratory judgment action, plaintiff, John Ter Beek, appeals as of right the trial court’s order granting summary disposition in favor of defendant, the city of Wyoming. Flaintiff sought to void *450defendant’s zoning ordinance on state preemption grounds because the zoning ordinance was enacted to prohibit conduct permitted by the Michigan Medical Marihuana Act (MMMA), MCL 333.26421 et seq. Because we conclude that defendant’s zoning ordinance directly conflicts with the MMMA, and the federal controlled substances act (CSA), 21 USC 801 et seq., does not preempt § 4(a) of the MMMA, MCL…