Justia Lawyer Rating
Super Lawyers
Washtenaw County Bar Association
AVVO Clients' Choice Award 2017
MIAOWIA

Ypsilanti Township’s Zoning Ordinance of Medical Marijuana Caregivers Upheld by the Washtenaw County Circuit Court

ArborYpsi Law

In a case with potential impact in many communities around Michigan a Washtenaw County Circuit Court judge has ruled that a township may enact zoning ordinances that regulate medical marijuana caregiver operations. The case will be looked at by other cities and townships that may want to regulate the specific areas of their communities in which marijauana is legally grown.

In this case arising in Ypsilanti Township, the Township sued to stop a couple from maintaining a marijuana nursery that was found to have been releasing noxious fumes into the neighborhood. Ypsilanti Township has an ordinance prohibiting the release of noxious fumes.

The couple challenged the allegation that the nursery was not properly ventilated but Judge Archie Brown found evidence that the nursery’s odor was causing a nuisance.

The Township also has zoning ordinances that prohibits caregivers from growing more than 12 plants in a residential area. Caregivers may grow up to 72 plants in areas designated for light industry.

The couple argued that the Township’s zoning ordinance was unconstitutional due to the Michigan Medical Marijuana Act. The Michigan Supreme Court recently ruled in Ter Beek v. City of Wyoming that cities could not ban medical marijuana.

Judge Brown disagreed with that argument. “In the instant case the township’s ordinance does not ban all uses under the MMMA. The ordinance merely regulates where caregivers do business,” Judge Archie Brown wrote. “The township ordinance does not conflict with the MMMA as all uses of the MMMA are permitted under the township ordinance.”

Check out ArborYpsi Law’s Medical Marijuana Blog

Contact ArborYpsi Law at 734-883-9584 or at bernstein@arborypsilaw.com to speak with attorney Sam Bernstein

Legal Disclaimer

Client Reviews

Sam was a helpful lawyer who is a man of his word. He helped in our cases 2 times in a row with successful outcomes. I could not think of a better lawyer who is always on time to court, good attitude, smart, and honest. He is respectful and answers all of the questions we had. Two cases were both a...

Gigi

It has been a couple of days since Sam represented my son in Washtenaw County. He gave me the miracle I prayed for. He did way more than I thought was possible and as I told him on the phone I would hug him if I could. If you ever need a good lawyer, this guy is the one to hire – and his prices are...

Linda

Sam took my call and consulted me immediately. He provided fair pricing for the legal services I was requiring. I hired him about a week before my case, he still took on the case load and did amazing work. He is an excellent attorney and a friendly person to be in the court room with when you’re in...

Devon

Contact Us

  1. 1 Free Consultation
  2. 2 Available 24/7
  3. 3 12 Years of Experience
Fill out the contact form or call us at (734) 883-9584 to schedule your free consultation.

Leave Us a Message