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Steptoe Obtains Preemption Victory In Michigan Supreme Court
Detroit International Bridge CompanyMarch 14, 2008
Steptoe has obtained an important federal preemption victory in the Supreme Court of Michigan while representing the Detroit International Bridge Company (DIBC), the owner of the Ambassador Bridge which connects Detroit and Windsor, Canada. Thirty percent of commerce between Canada and the United States crosses the bridge each day, but when the DIBC tried to increase the number of toll booths and make other improvements to accommodate traffic volume, the City of Detroit intervened, claiming that the expanded facilities violated City zoning laws. The court of appeals agreed with the City. Steptoe was then retained to persuade the Michigan Supreme Court to hear the case and handle it before that Court. In reversing, the Michigan Supreme Court held 7-0 that the DIBC was a federal instrumentality because it operated in a compound secured by customs agents under the purview of several federal agencies, and because it served an important federal function: facilitating international commerce. Accordingly, the Court concluded that the DIBC is immune from Detroit's zoning restrictions that would impede traffic flow across the Bridge.
The team on this case was David Coburn, Richard Willard, Alice Loughran, and Catherine Sevcenko. Richard Willard argued the case before the Michigan Supreme Court. Steve Reed, Tony Epstein, and Matt Zinn contributed significantly through a moot court.
