Township ordinance upheld despite arguments regarding unequal protection and selective enforcement
Teresa and Mark Oberly sued Dundee Township in Monroe, arguing that it violated their civil rights by prohibiting the operation of an auction business on their agriculturally-zoned property. They argued that they were victims of selective enforcement, that the ordinance was unconsitutionally vague, and that they were denied equal protection.
The trial judge disagreed and dismissed the Oberly's lawsuit. On appeal, the Court of Appeals affirmed. It found that the Oberlys had not supported their claim with a sufficient showing of disparate treatment. It also found that the ordinance was not unconstitutionally vague under the standard adopted in prior cases, since "every reasonable presumption or intendment must be indulged in favor of the validity of an act..."The Court also held that the manner of decision in the lower court had not denied the Oberlys due process.