Barrow v. City of Detroit Election Commission

STEPHENS, E J.

(concurring in part and dissenting in part). I concur with the majority in all respects with regard to Duggan’s nonconstitutional arguments. I write separately to respectfully dissent from the majority’s conclusion regarding the constitutionality of the Detroit City Charter’s durational residency requirements.1 Consistent with both Michigan and federal caselaw, on the record that currently exists, I conclude that the durational residency requirements are unconstitutional. Accordingly, I would reverse the trial court and order that Duggan’s name be placed on the ballot.

The right…