Bonner v. City of Brighton

The trial court held that Brighton City Ordinance § 18-59 was facially unconstitutional on the basis that the ordinance’s presumption, that an unsafe structure with an estimated repair cost of 100 percent of the structure’s predeteriorated condition value should be demolished, violated plaintiffs’ right to substantive due process. The majority’s decision to affirm that decision is in error because there are circumstances under which the ordinance is valid. Additionally, the majority should not address whether this same section violates plaintiffs’ rights to procedural due process, as the…