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NAACP v. CITY OF DEARBORN

Docket No. 95984.

173 Mich. App. 602 (1988)

434 N.W.2d 444

DETROIT BRANCH, NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE v. CITY OF DEARBORN

Michigan Court of Appeals.

Decided December 19, 1988.

Attorney(s) appearing for the Case

Goodman, Eden, Millender & Bedrosian (by William H. Goodman, Roderick V. MacNeal and Julie A. Gibson), and Horace E. Stone, Robert A. Sedler, and Patricia A. Streeter, for plaintiffs.

Butzel, Long, Gust, Klein & Van Zile (by William M. Saxton, John B. Weaver and Leonard M. Niehoff), and William C. Hultgren, of Counsel, for defendant.

Amici Curiae:

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, and Felix E. League and Dianne Rubin, Assistant Attorneys General, for Civil Rights Commission and Department of Civil Rights.

Before: GILLIS, P.J., and WAHLS and MURPHY, JJ.

WAHLS, J.

Defendant, the City of Dearborn, appeals as of right from a decision of the Wayne Circuit Court which declared unconstitutional portions of a Dearborn ordinance restricting the use of most city parks by nonresidents. In its September 29, 1986, decision, the circuit court held that, regarding two specific Dearborn parks (Ford Woods Park and Crowley Park) certain portions of the ordinance (§§ 4, 5, 6 and 7) violated Const 1963, art 1, § 2, which...

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