COA: 222098, Shiawassee CC: 96-007653-AR
On order of the Court, the application for leave to appeal from the November 9, 2000 decision of the Court of Appeals is considered, and, pursuant to MCR 7.302(F)(1), in lieu of granting leave to appeal, we REMAND this case to the Court of Appeals for consideration as on leave granted. On remand, there is no need to address the defendant's challenge to the ordinance under the Religious Freedom Restoration Act, 42 U.S.C. § 2000-bb, because the Supreme Court has held the provision was beyond Congress' enforcement powers under § 5 of the Fourteenth Amendment in City of Boerne v Flores, 521 U.S. 507; 117 S.Ct. 2157; 138 L.Ed.2d 264 (1997). See Gentala v City of Tucson, 244 F.3d 1065, 1070 n9 (CA 9, 2001).