B
Bikenut
Guest
A community Yooperlady and I are working with to change their illegal park's ordinance says they will change it next fiscal year due to budgetary concerns this year. But they have stated they will take no action on that ordinance......
Ok... at first blush that appears to be a stalling technique.. and perhaps is but.... and here is where I need the advice:
MCL 123.1102 states that a municipality shall not enact or enforce any ordinance more restrictive than State Law. Ok... since this community's ordinance most likely was enacted long before 1991 when MCL 123.1102 came into effect... this community has not enacted an ordinance contrary to State Law.. and since they have stated they will take no action in regards to that ordinance then they are not violating the enforce portion of MCL 123.1102.
So.......... my question is this:
If an illegal ordinance was enacted before 1990 but is not enforced .... would it still be an illegal ordinance that must be changed?
In short, do we have cause to require/demand this ordinance be changed as soon as possible regardless of budgetary concerns?
I fervently hope some of our sharper legal minds will weigh in on this!!!
Ok... at first blush that appears to be a stalling technique.. and perhaps is but.... and here is where I need the advice:
MCL 123.1102 states that a municipality shall not enact or enforce any ordinance more restrictive than State Law. Ok... since this community's ordinance most likely was enacted long before 1991 when MCL 123.1102 came into effect... this community has not enacted an ordinance contrary to State Law.. and since they have stated they will take no action in regards to that ordinance then they are not violating the enforce portion of MCL 123.1102.
So.......... my question is this:
If an illegal ordinance was enacted before 1990 but is not enforced .... would it still be an illegal ordinance that must be changed?
In short, do we have cause to require/demand this ordinance be changed as soon as possible regardless of budgetary concerns?
I fervently hope some of our sharper legal minds will weigh in on this!!!
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