Michigan Supreme Court

Leon v. Bonner v. City of Brighton

April 24, 2014495 Mich. 209

Summary

The court held that Brighton's ordinance, which presumes demolition reasonable when repair costs exceed 100 percent of a structure's pre-deterioration value, is not facially unconstitutional under either substantive or procedural due process. The presumption is rationally related to legitimate interests in protecting public health, safety, and welfare, and it remains rebuttable through economic or noneconomic evidence. The ordinance's notice, city-council appeal, and judicial-review procedures provide constitutionally adequate process. The court reversed the Court of Appeals and remanded for further proceedings.