Associated Builders & Contractors v. City of Lansing
305 Mich. App. 395
Mich. Ct. App.2014Background
- City of Lansing enacted a prevailing wage ordinance for construction on city projects.
- Associated Builders and Contractors sued challenging the ordinance as unconstitutional and ultra vires.
- Trial court granted summary disposition for plaintiff, relying on Lennane to strike the ordinance.
- This Court reverses, holding Lennane is obsolete due to constitutional and caselaw developments post-Lennane.
- Court concludes cities have broad police power to regulate wages and salaries unless restricted by constitution or statute.
- Case remands for entry of summary disposition in favor of defendant.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does Lennane control the validity of the Lansing ordinance? | Lennane governs city wage regulation and invalidates such ordinances. | Post-Lennane constitutional changes liberalized city powers; Lennane is no longer controlling. | Lennane is not controlling; ordinance valid. |
| May home-rule cities regulate wages under modern constitutional/caselaw framework? | Municipalities lack authority to set wage policy on state-concern matters. | Cities have broad, liberal authority to regulate municipal concerns, including wages. | Yes; cities may regulate wages absent constitutional/statutory conflict. |
| Is defendant's ordinance preempted by state law (MWL or PWA)? | State wage laws preempt local wage regulation. | MWL and PWA do not expressly preempt local wage regulation; field preemption not shown. | No direct or field preemption; ordinance compatible with state law. |
Key Cases Cited
- Attorney General, ex rel Lennane v Detroit, 225 Mich 631 (1923) (city cannot set wage rates; state concern)
- Sell v Detroit, 310 Mich 305 (1945) (police power as to municipal concerns; depends on constitution/state law)
- Brimmer v Village of Elk Rapids, 365 Mich 6 (1961) (salaries paid by municipalities are local concern)
- Gildersleeve v Lamont, 331 Mich 8 (1951) (municipal salaries as local concern)
- Kane v City of Flint, 342 Mich 74 (1955) (city authority to regulate salaries; local concerns)
- Rental Prop Owners Ass’n of Kent Co v Grand Rapids, 455 Mich 246 (1997) (liberally construed home-rule powers; police powers valid absent conflict)
- Olson v Highland Park, 312 Mich 688 (1945) (city regulation of wages; must not conflict with state law)