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MOC vs CADL...MOC wins on appeal!
WilDChilD:
Do I need to be a Lansing resident to obtain a library card?
I don't know if Dean reads this forum but if somebody talks to him let him know how thankful we are, he was a lot more affordable than CALD's lawyers were.
Does MOC think CALD will appeal?
gryphon:
Here's an interesting footnote regarding the dissenting opinion.
--- Quote ---2 With all due respect to our learned colleague in dissent, her analysis fails to acknowledge the fact that Llewellyn is binding precedent, which we as an intermediate court may not choose to disregard or rebuff. As such, the dissent avoids the required application and analysis of field preemption. It is a tautology to say that because the Legislature did not expressly include district libraries in its definition of local units of government as set forth in MCL 123.1101(a), it must have specifically intended not to occupy the field of gun regulation when it comes to the presence of guns in district libraries. While cases often rise and fall on the plain language of a statute, because this matter entails regulation by a lower-level governmental entity in an area that is regulated by the state, it is not a statutory-interpretation case. Such a simplistic analysis would render the doctrine of field preemption a nullity, which it is not.
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bigt8261:
11 pages of jumble just to get to this
--- Quote ---the same regulations that apply to public libraries established by one local unit of government apply to those established by two or more local units of government
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Good greif.
gryphon:
--- Quote from: WilDChilD on October 26, 2012, 11:10:26 AM ---Wish I could see the look on Rosemary's face when she reads this. Makes me want to rent some pro 2a book. Do I need to be a Lansing resident to obtain a library card?
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You need to be an Ingham County resident. Here's a couple of suggestions. Good luck on finding the first book below, though. It's selling for $120 now!
gryphon:
--- Quote from: bigt8261 on October 26, 2012, 11:28:41 AM ---11 pages of jumble just to get to this.
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You have to show your work. Didn't they teach you that in school? :P
--- Quote ---Although not included in the definition of “local unit of government” set forth in MCL 123.1101(a), a district library is nevertheless a local unit of government. Excluding a district library from the field of regulation—simply because it is established by two local units of government instead of one—defies the purpose of the statute and it would undoubtedly lead to patchwork regulation.
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