The Michigan Supreme Court granted the application for leave to appeal in Ter Beek v. City of Wyoming. The issues to be considered include: (1) whether a city zoning code ordinance, which prohibits any use that is contrary to federal law, state law, or local ordinance, is subject to state preemption by the Michigan Medical Marihuana Act (MMMA); and (2) if so, whether the MMMA is subject to federal preemption by the federal Controlled Substances Act (CSA) on either impossibility or obstacle conflict preemption grounds.
The Court also granted leave to appeal in People v. Tanner, to consider whether People v. Bender, 452 Mich 594 (1996), should be overruled. The Prosecuting Attorneys Association of Michigan and the Criminal Defense Attorneys of Michigan are invited to file briefs amicus curiae. The Court also granted leave to appeal in Majestic Golf, LLC v. Lake Walden Country Club, Inc.
The Court directed the Clerk to schedule oral argument on whether to grant the application or take other action in Huddleston v. Trinity Health Michigan. The parties shall submit briefs addressing whether the Court of Appeals erred when it concluded that the plaintiff suffered a compensable injury; whether it misapplied Sutter v. Biggs, 377 Mich 80 (1966); and whether its decision is contrary to Henry v. Dow Chemical Co, 473 Mich 63 (2005). The Michigan Association for Justice and Michigan Defense Trial Counsel, Inc. are invited to file briefs amicus curiae.