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Thursday, February 22, 2018

Reasoning On Why The City Must Abandon The Anti-Marijuana Reform Lawsuit

By Richard Clement - Marijuana Policy Consultant

After further review of Wayne County Circuit Court Judge Robert Colombo's decision to overturn the voter approved Proposals A and B,  a further analysis of the Michigan Zoning Enabling Act was undertaken by interested parties like me.  The question becomes:

Is a ballot initiative similar to a protest petition as specified in the Mi Zoning Enabling Act?  (MCL 125.3403 - Amending a zoning ordinance) 

Did the people speak clearly to the issue of amending the zoning ordinance?  It was clear that the original ordinance was not a choice of the people but, administratively enacted by a majority vote of the City Council.   The owners/voters of the land objected and, responded clearly with their vote, exceeding the 20% threshold required in Section 403 of the Zoning Enabling Act.

Why Can't Weed Be Friends

The ultimate decision maker of laws are the people who have to live by them.  Therefore the petitions were filed according the law and, the case should be dismissed by the Michigan Supreme Court.  To review the opposition's argument that the neighborhoods do not want them, a tight review of the voting results show that a very large majority of the opposition is located in 10 distinct neighborhoods or voting precincts within City Council Districts 1, and 2.  The City of Detroit has 490 neighborhood precincts and 480 of them voted yes on both proposals (98% Yes / 2% no)

The resources spent with the Law Department must be redirected to Information Technology development, hiring Marijuana compliance inspectors to make sure that quality products are being sold and, customer service are being provided as requested by the majority of the citizens of the City.

To make this happen, you must call or email Mayor Duggan and all nine Detroit City Council members asking them to  Cease and Desist with the lawsuit and, allow Information Technology professionals the ability to do their jobs for the people who have hired them in the City of Detroit.

City of Detroit Website (City Council)

City of Detroit (Mayor)

Michigan Zoning Enabling ACT  Section (125.3403)

125.3403 Amendment to zoning ordinance; filing of protest petition; vote. Sec. 403. 
(1) An amendment to a zoning ordinance by a city or village is subject to a protest petition as required by this subsection. If a protest petition is filed, approval of the amendment to the zoning ordinance shall require a 2/3 vote of the legislative body, unless a larger vote, not to exceed a 3/4 vote, is required by ordinance or charter. The protest petition shall be presented to the legislative body of the city or village before final legislative action on the amendment and shall be signed by 1 or more of the following: 
  • (a) The owners of at least 20% of the area of land included in the proposed change. 
  • (b) The owners of at least 20% of the area of land included within an area extending outward 100 feet from any point on the boundary of the land included in the proposed change. 

(2) Publicly owned land shall be excluded in calculating the 20% land area requirement under subsection (1). 2006, Act 110, Eff. July 1, 2006

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