Legal Opinion · Dissent

City of Detroit v. Qualls

Michigan Supreme Court

Decided April 3, 1990No. 83408, (Calendar No. 7)Published

1DissentLevin, J.

Glen R. Qualls was charged on July 2, 1984, with the misdemeanor of violating a Detroit fireworks ordinance requiring that "[t]he storage of fireworks in a place of retail sales shall be limited to gross weight of less than one hundred (100) pounds . . . ,”1_

*370The district court dismissed the charge on December 11, 1984, after an evidentiary hearing at which an expert witness testified concerning the danger of explosion of various quantities of class b and class c fireworks, on the ground that the one-hundred-pound limitation is not reasonably related to the city’s interest in the health,…

2Cases cited7 opinions

  1. McKinney v. AlabamaSupreme Court of the United States · 1976
  2. Walsh v. City of River RougeMichigan Supreme Court · 1971
  3. United States v. Baltimore & Ohio RailroadSupreme Court of the United States · 1913
  4. Pike v. City of WyomingMichigan Supreme Court · 1988
  5. United States v. KoenigDistrict Court, S.D. New York · 1974

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