High court schedules arguments on a dozen cases

A faith-based school's variance application -- and whether Ann Arbor Township officials violated the Michigan and U.S. Constitution in denying the application --are at issue in a case that the Michigan Supreme Court will hear in oral arguments this week. In Shepherd Montessori Center Milan v Ann Arbor Charter Township, the plaintiff sought to use a former day care center site in an office park for a Catholic Montessori school. Township officials denied the school's variance request, stating that the school, which included kindergarten through third grade, was prohibited by a local zoning ordinance. The school sued; among the issues raised in the lawsuit was the school's claim that the township treated it differently than a similarly situated secular organization, violating the school's constitutional right to equal protection. While the trial court rejected that claim, the Court of Appeals held that the township's application of the local zoning ordinance did violate the school's right to equal protection. According to the Court of Appeals, the township had conceded that the Catholic school was similarly situated to the day care center that had previously operated in that space. "[D]efendants failed to offer a reason for refusing to permit plaintiff to operate its school in the same space that [the day care center] had operated its day care program," the appellate panel stated. "Further, defendants offered no evidence to show that their denial of plaintiff's variance request was narrowly tailored to achieve a compelling governmental interest." The township has argued that the school is not similarly situated to the day care center, and that the school has not produced any evidence that the township's variance denial was based on the school's religious character. The court will also hear People v Richmond, in which the prosecutor dismissed criminal charges against the defendant, saying that the prosecution could not proceed after the trial court suppressed most of the evidence that police officers obtained during a search. The trial court based its ruling on a 2006 Court of Appeals ruling, People v Keller. While the prosecutor appealed the trial court's decision, the Michigan Supreme Court reversed Keller. Based on the Supreme Court's ruling, the Court of Appeals reversed the trial court in Richmond and reinstated the charges against the defendant. On appeal to the Supreme Court, the defendant contends that the prosecutor could not legitimately appeal the trial court's ruling after dismissing the charges. The remaining 10 cases that the court will hear involve civil procedure, criminal, governmental immunity, insurance, tax, tort, Whistleblower's Protection Act, and worker's compensation issues. Court was scheduled today and tomorrow in the Supreme Court's courtroom on the sixth floor of the Michigan Hall of Justice in Lansing. The sessions are open to the public. Published: Tue, Dec 8, 2009

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