Greentrees Civic Ass'n v. Pignatiello
Greentrees Civic Ass'n v. Pignatiello
Opinion of the Court
Defendant Victory Wisdom Nonprofit Housing, Inc., is a Michigan nonprofit corporation and the operator of a licensed adult foster care facility for the care of not more than six adults located at 21225 West Twelve Mile Road in the City of Southfield. The facility is owned by defendants Joseph Pignatiello and Kim D. Rust. Plaintiff Greentrees Civic Association, is a neighborhood association for homeowners in the Green-
Greentrees Civic Association and intervening plaintiff, City of Southfield, sought to enjoin the use of the facility alleging that: (1) the contemplated use of the facility — to care for mentally ill persons — is prohibited by the Adult Foster Care Facility Licensing Act, MCL 400.701 et seq.; MSA 16.610(51) et seq.; (2) § 3b of the city or village zoning act, MCL 125.583b; MSA 5.2933(2), does not exempt adult foster care facilities licensed under the Adult Foster Care Facility Licensing Act from compliance with the local zoning ordinance and, consequently, the use of the property as an adult foster care facility is precluded by the Southfield zoning ordinance which limits the subject property to single family residential use; and (3) the Adult Foster Care Facility Licensing Act violates the title-object clause of the Michigan Constitution, Const 1963, art 4, § 24, therefore the licensing of defendants’ facility is null and void. The trial court rejected the second and third arguments but ruled in favor of plaintiffs on the first argument. On July 1, 1981, the trial court issued an order permanently enjoining placement of mentally ill persons in the facility. However, the facility could be used to care for aged, emotionally disturbed, developmentally disabled, or physically handicapped adults. Defendants appeal as of right the court’s holding on the first argument; plaintiffs cross-appeal the court’s rejection of their second and third arguments.
As to the trial court’s holding that the Adult Foster Care Facility Licensing Act prohibits the placement of mentally ill persons in small group homes, we reverse for the reasons set out in Oxford Twp v Dep’t of Social Services; 120 Mich App 103; 327 NW2d 409 (1982).
Finally, the trial court correctly rejected plaintiffs’ claim that the Adult Foster Care Facility • Licensing Act violates the title-object clause of the state constitution. Const 1963, art 4, § 24, provides in part: "No law shall embrace more than one object, which shall be expressed in its title.” The purpose of the constitutional limitation is to insure that both the legislators and the public have proper notice of legislative content and to prevent deceit and subterfuge. Advisory Opinion re Constitutionality of 1972 PA 294, 389 Mich 441, 465; 208 NW2d 469 (1973). However, in effectuating these purposes, the "one object” provision is to be construed reasonably and not in so narrow or technical a manner as to frustrate the legislative intent. Kuhn v Dep’t of Treasury, 384 Mich 378, 387-388; 183 NW2d 796 (1971). An act may contain all matters germane to its object and any provisions which "directly relate to, carry out and implement the principal object”. Advisory Opinion, supra, pp 465-467.
"This act supersedes all local regulations applicable specifically to adult foster care facilities. Local ordinances, regulations or construction codes regulating institutions shall not be applied to adult foster care large group homes, adult foster care small group homes, or adult foster care family homes. This section shall not be construed to exempt adult foster care facilities from local construction codes which are applicable to private residences.”
The purpose of § 33, state preemption in regulating adult foster care facilities, clearly relates to the principal object of the act.
Reversed in part and affirmed in part. Costs to defendants.
Concurring in Part
(concurring in part; dissenting in part). I agree with the opinion of the majority in all respects except its holding that the Adult Foster Care Facility Licensing Act permits the placement of mentally ill persons in small group homes.
I do not find persuasive the analysis of legisla
I would affirm.
Reference
- Full Case Name
- Greentrees Civic Association v. Pignatiello
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- 9 cases
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- Published