2018 WL 1637946. RSJA successfully defended the township against allegations of illegal seizure after a police pursuit. Over time, the plaintiff and her relations have been the subject of multiple criminal prosecutions in the township and neighboring communities. RSJA has successfully defended several mandamus actions against judges and township officials and criminal appeals brought by these individuals, as well as defending a township ordinance officer in getting wrongful prosecution claims against him dismissed.
729 F.3d 610 (6th Cir. 2013). Two local law enforcement officers appointed to a joint task force of the U.S. Drug Enforcement Administration retained Kenneth Galica and Anne McClorey McLaughlin to conduct a new trial ordered by the U.S. Sixth Circuit Court of Appeals in a federal civil rights action. Our attorneys successfully persuaded the jury that the defendants were not involved in the search warrant raid, resulting in a verdict in favor of all four defendant-officers. The Sixth Circuit upheld the jury verdict in the defendants’ favor and denied a request for rehearing.
970 F Supp 1197 (ED Mich 1997). The city denied a request for a special land use permit for a federal corrections treatment center. Plaintiff sued alleging violations of constitutional rights, and also argued that it was exempt from zoning because it would be operating a facility for the benefit of the federal government. The court ruled that plaintiff must comply with the zoning ordinance, and the court granted the city’s motion to dismiss.
221 Mich App 19 (1997). The property owner challenged the denial of its request to rezone property for a mobile home park, raising constitutional claims and charges of exclusionary zoning. The court of appeals affirmed the grant of summary disposition in favor of the city.
Oakland County Circuit Court number 15-149016-CK. An elected official, even one who receives compensation, does not have access to the same remedies as a municipal employee, as demonstrated in this case, where an elected treasurer sued the township, alleging violation of the Michigan Whistleblower’s Protection Act. RSJA strategically chose to file an early motion for summary disposition instead of an answer to the complaint, which the court granted. The maneuver spared the township the time and expense of protracted litigation.
2006 WL 3103012 (Mich App 2006 unpublished), affirmed 480 Mich 1077; 744 NW2d 132 (2008). Residential landowners filed a lawsuit against the Township and the Township’s wetlands review board, saying that the Township’s wetlands ordinance was preempted under the Natural Resources Environmental Protection Act (NREPA). The Michigan Court of Appeals affirmed the circuit court’s grant of summary disposition to the Township on all of plaintiffs’ constitutional claims.
2016 WL 795901 (ED Mich 2016). The case alleged excessive force by township officers and sheriff’s department deputies. RSJA obtained a dismissal on the merits for the township, saving fees, costs and a potential judgment, while the plaintiff was able to proceed against the county defendants.
922 F2d 328 (6th Cir 1989). An applicant raised federal constitutional issues when denied a lot split. The sixth circuit court of appeals affirmed the grant of a motion to dismiss in favor of the township.
2012 WL 3289922 (6th Cir 2012 unpublished). RSJA’s experience in civil rights cases and in the federal courts protected Gladwin County in a complex case involving a man with dual American and Jordanian citizenship. Sheriff’s deputies arrested the plaintiff after he threatened his daughter in a long-simmering family dispute. With multiple sources reporting the plaintiff’s anger and threats, detectives arrested him. After a mistrial, the prosecutors dropped the charges and the plaintiff filed a section 1983 civil rights lawsuit against the officers and county prosecutors. The federal trial court summarily dismissed plaintiff’s federal civil rights claims, finding that the police officer and prosecutor defendants were entitled to immunity because plaintiff’s constitutional rights were not violated. The Sixth Circuit Court affirmed the trial court’s decision, holding that ample probable cause existed to investigate and prosecute Plaintiff for the crime of extortion, despite the mistrial in the state criminal case.
2011 WL 1982921 (ED Mich 2011). Plaintiff moved a business into a building without obtaining any site plan approval or certificate of occupancy. The township ticketed the plaintiff for failing to do so and for numerous fire code violations. The plaintiff successfully defended against the tickets in the district court with the exception of three charges. Plaintiff turned around and sued the township, alleging numerous constitutional violations as a result of the township’s tickets and its failure to issue building permits and a certificate of occupancy. The federal district court granted the township’s motion for summary judgment.
2017 WL 5615821 (Mich Ct App, Nov. 21, 2107) (Wayne County Circuit Court Case No. 15-008243-NO). Governmental immunity protects communities from being sued for their day-to-day work. But what if they receive money for a function that looks like a business? In this case a woman broke her leg while riding a water slide at a park operated by the Huron Clinton Metropolitan Authority (HCMA). Plaintiff claimed that HCMA was negligent in constructing and maintaining the waterslide which led to her injury. While this type of claim would normally be barred by governmental immunity, she said that the proprietary function exception to immunity applied to allow her lawsuit. The trial court denied RSJA’s motion for summary disposition, finding there were material issues of fact regarding whether the operation of the water park was conducted primarily for the purpose of producing a profit for the HCMA. The court of appeals reversed the trial court’s finding, holding that, despite the fact that the HCMA generated income from admissions, parking and food sales, plaintiff could not demonstrate that the park was operated for the primary purpose of producing a profit.
486 Mich 556; 786 NW2d 521 (2010). The owner of agricultural land in Putnam Township failed in his attempts to rezone the land residential, establish a planned unit development or obtain a use variance. He then sued the township, trying to rezone the property for a manufactured housing community, raising constitutional and exclusionary zoning claims. The fact that the owner requested rezoning for one use but sued for an entirely different use without first going through the zoning application process made the lawsuit unripe for court because plaintiff had not obtained a final decision -or any decision for that matter – regarding a potential manufactured housing community RSJA lent its expertise by filing an amicus curiae brief in the Michigan Court of Appeals, and later supporting the township’s application for leave to appeal to the Michigan Supreme Court. That supreme court agreed that the case was not ripe, supporting the application of the ripeness doctrine to exclusionary zoning claims, a decision with meaningful protection for Michigan municipalities.
Case No. 16-00702 (W.D. Mich. Dec. 13, 2016); Case No. 16-2741 (6th Cir. Jan. 5, 2018). The action involved allegations of First Amendment retaliation arising out of an email sent by a former City Attorney from her city email account to a non-city employee. The case revolved around differing interpretations of whether the city attorney’s actions constituted an official act which set policy for the City. Plaintiff said that, because the city attorney had “ultimate authority” in her position to respond to citizen emails, the city was liable. RSJA attorneys filed an early Motion to Dismiss, and the Court found that the City was not liable because the acts of the City Attorney were not within the scope of her authorized duties. The City prevailed and the decision was upheld by the Sixth Circuit.
556 Fed Appx 416 (6th Cir 2014 unpublished). The plaintiff claimed that the city’s blanket ban on billboards violated its First Amendment and other constitutional rights. The city said that the proposed billboard did not meet other reasonable time, place and manner regulations in the city’s sign ordinance. The lower court granted the city’s motion to dismiss for lack of a redressible injury. The dismissal and the city’s ordinance were upheld on appeal.
475 Mich 30 (2006). When does the clock start ticking on an employee’s claim of discrimination? In this case, a female employee resigned then sued the city for age and gender discrimination which she said occurred over a period of time by a supervisor who left employment of the city two months before she did. There is a three-year statute of limitations on civil rights claims. While the trial court and court of appeals found in favor of the plaintiff, the supreme court held that the time for claiming the alleged discrimination began when it occurred, not when the employee resigned The Supreme Court specifically overruled its prior decision in Jacobson v. Parda Fed Credit Union, 457 Mich 318 (1998).
677 Fed. Appx. 232 (6th Cir. 2017). Anne McClorey McLaughlin defended the Village, its manager and ordinance officer in a federal lawsuit claiming the defendants treated plaintiffs differently than their neighbors in ordinance enforcement because of religious discrimination. The U.S. District Court granted summary judgment to the defendants, and the Sixth Circuit Court of Appeals affirmed.
196 Mich App 175; 492 NW2d 757 (1992). Land owners with disputes between themselves often try to shift the responsibility to the municipality. Such was the case when a condominium’s rain water drained onto a neighboring property, causing substantial damage. Although the township reviewed and approved the condominium site plan, the mere approval of the development plan did not confer responsibility on the township for the condominium’s private storm water drainage system. The Oakland County Drain Commission reviewed the drainage system and recommended changes, with which the private developers complied. Plaintiffs sued the township alleging trespass-nuisance on the basis that if the township had not approved the site plan, the developers could not have created the nuisance that caused damage to plaintiff’s property. The Michigan Court of Appeals held that issuing permits that enables another to create a nuisance was not enough to impose liability on the township.
486 Mich 514; 786 NW2d 543 (2010). The plaintiff sought to rezone property to mine sand and gravel. The case involved the important issue of whether the “no very serious consequences” rule established in prior mining cases had any continued viability after the Michigan Supreme Court decisions invalidating the concept of preferred uses and confirming the presumption of validity to municipal regulations. RSJA filed an amicus curiae brief in support of the township’s application for leave to appeal to the Michigan Supreme Court, and on the accepted case in the Michigan Supreme Court. The court issued a favorable ruling to municipalities on July 15, 2010, invalidated the “no very serious consequences” rule, and found that the rule had also been superseded by the exclusionary zoning statute. Unfortunately, the state legislature amended the Michigan Zoning Enabling Act after the decision to codify the “no very serious consequences” rule.
883 F Supp 172 (ED Mich 1994). The city followed state law in denying a license for a foster care home due to its proximity to an existing home and the court dismissed the plaintiff’s suit. The case continued against the state, and the court eventually invalidated certain state statutes (notice and distancing requirements for placement of foster care homes) as being violations of the Fair Housing Amendments Act.
USDC, Southern Division 15-12803. In this case, the federal District Court granted an early Motion to Dismiss on several of Plaintiff’s claims as a matter of law based upon immunity and because the Plaintiff did not sufficiently allege a valid basis for her claims. After discovery, the Court granted the Township’s Motion for Summary Judgment, finding that Plaintiff had no evidence of an unconstitutional custom policy or practice on the part of the Township. (2018)
858 F3d 996 (6th Cir. 2017), cert. denied, 138 S Ct 1696, 200 L Ed 2d 952, 86 USLW 3553 (2018). RSJA was a successful co-counsel in the first published decision under RLUIPA, setting a precedent for analysis of RLUIPA claims within the Sixth Circuit. A Christian school applied to Genoa Charter Township for a special land use permit to move its K-12 school from another community into an existing church in the township that was adding onto facility. Although the township planning commission recommended approval of the special land use the township board denied the permit. The school sued the township, alleging violation of the First Amendment and RLUIPA. The township obtained summary judgment on all claims and the Sixth Circuit upheld the ruling. The U.S. Supreme Court denied the plaintiff’s petition for writ of certiorari, leaving the circuit court’s decision as a precedent.
2013 WL 2319323 (ED Mich, 2013). RSJA successfully defended claims brought by the Estate of a mentally-ill individual who, while suffering from excited delirium, led township police officers on a multi-city pursuit and was subject to 30+ police Taser deployments. Securing summary judgment on behalf of the township and its officers, RSJA attorneys relied (among other cases) on Caie v West Bloomfield, 485 Fed Appx 92 (6th Cir, 2012), a case successfully litigated by RSJA’s Margaret Debler and frequently cited by the Sixth Circuit when affirming summary judgment. (Caie involved police and fire response to a mental health seizure, where a Taser was used to apprehend the at-risk teen. RSJA successfully obtained summary judgment as to fire fighters in this significant mental health seizure case where force was necessary.)
629 F3d 533 (6th Cir 2010), cert denied 131 S Ct 3071 (2011). RLUIP does not mean that churches can ignore zoning ordinances and building codes. A religious group began holding services and meetings in a five-bedroom house on a one-acre plot in a residential neighborhood of the Charter Township of Northville. Township officials told the church to request a variance from the ZBA to allow parking in the front yard and submit a site plan to the planning commission detailing parking and screening. The church did not comply and it was ticketed. Even though the ticket was subsequently dismissed the church filed a RLUIPA suit against the township in federal court. The Sixth Circuit Court of Appeals found in favor of the township because the church had not made application for the establishment of its religious use through the zoning procedures available at the township.
Unpublished decision per curiam of the Court of Appeals, issued November 22, 2016 (Docket No. 327838), leave denied, 500 Mich 1060 (2017). The plaintiff obtained a dismissal of a municipal civil infraction notice for violating a city grading ordinance then turned around the sued the city, its ordinance officer and building inspector for malicious prosecution and abuse of process. The circuit court granted the motion for summary disposition in lieu of answering the complaint, the Michigan Court of Appeals affirmed and the Michigan Supreme Court declined to hear the case.
304 Mich App 637; 848 NW2d 200 (2014) (briefed and argued): Although a law-enforcement agency, during internal-affairs investigations, may compel its officers, on penalty of discharge, to give statements on the subject of the investigation, the constitutional right against self-incrimination prohibits the use of those forced statements against the officers in later criminal proceedings brought against them. The Michigan Court of Appeals held that the statute limiting public inspection of law enforcement officers’ involuntary statements does not permit a private cause of action for monetary damages by an officer against a law enforcement agency.
219 Mich App 611 (1997). Plaintiff, which had entered a contract to purchase property from MDOT located within the city of Royal Oak, sued the city alleging that it lacked authority to rezone property while MDOT (e.g., State of Michigan) still owned it. In 1991, while still owned by MDOT, the city rezoned the property from industrial to multiple-family residential in accordance with its master plan. In 1993, plaintiff entered into a contract with MDOT for the property with the intention of constructing a mini-warehouse facility, which was not a permissible use under the zoning ordinance. Plaintiff sought rezoning in 1993 and 1994 but was denied each time. A request for a use variance was also denied. Plaintiff thereafter sued the city, alleging that the city lacked jurisdiction to apply its zoning ordinance to state-owned land and its actions constituted an unlawful taking and violation of other constitutional rights. The Michigan Court of Appeals held that because there was no evidence that the legislature intended to preempt MDOT from the application of the zoning ordinance, particularly where MDOT had sold the land to a private party.
647 F3d 606 (6th Cir 2011). When Northridge Church wanted to relocate its expanding membership in a rural part of the Charter Township of Plymouth, it entered into a 1995 consent agreement with the township to limit its seating, services, parking, traffic patterns and outdoor activities to address negative impacts on the surrounding residents. By 2008, weekly attendance had grown from 1,100 to 14,000. The church wanted to void the consent agreement, using multiple arguments including the assertion that the agreement violated the Religious Land Use and Institutional Persons Act (RLUIPA) (which was not established until 2000). RSJA successfully defended the township through the Sixth Circuit Court of Appeals, which upheld the consent judgment.
452 Mich 568 (1996). Plaintiff owned vacant property in the city of Novi that was zoned for large-lot, single-family residential use. The planning commission recommended against their request to rezone the property to a mobile home district. The plaintiff did not seek a use variance from the ZBA, but immediately sued the city claiming that the denial was an unconstitutional taking of property. The case was appealed to the Michigan Supreme Court which ruled that plaintiff’s claims were not ripe because plaintiff had not obtained a final decision from the city on the use of the land due to the failure to seek a use variance before filing suit. The case was significant as, for the first time, the Michigan Supreme Court adopted the ripeness doctrine established by the federal courts. RSJA filed an amicus curiae brief on behalf of the Michigan Municipal League in this case.
United States District Court, Western District, Southern Division Case No. 1:14-cv-1285. When the city of Grand Rapids terminated the city clerk she sued, alleging race and gender discrimination. Because she was a political appointee the plaintiff was not entitled to Title VII protection, as RSJA successfully asserted in its motion to dismiss. Plaintiff’s discrimination claims were also dismissed because she was replaced by someone in the same protected classes.
Unpublished Court of Appeals #330689 (2017) Plaintiff Phillips was a City police officer who alleged religious discrimination after his employment was terminated for misconduct. After extensive discovery, the trial court found that Plaintiff did not have admissible evidence that he was terminated because of his religion. The Court found that the City had legitimate reasons for the dismissal and granted Summary Judgment. The Court of appeals affirmed.
105 F Supp 724 (ED Mich 2000). The city took action to keep the plaintiff from demolishing a historical structure. Plaintiff claimed this violated his constitutional rights and “took” his property. The court granted the city’s motion to dismiss.
116 F3d 180 (6th Cir 1997). The plaintiff, a waste disposal company, wanted to build a commercial hazardous liquid waste injection well in the city of Romulus. After obtaining various work-related permits for the well, none of which concerned zoning, they began construction. The city then filed suit to stop it because it violated local zoning ordinances. The plaintiffs took action on multiple fronts, contesting the city’s action in Wayne County Circuit Court; seeking, without success, zoning variances; filing claims of constitutional violations in federal court while simultaneously filing a complaint in state circuit court, and appealing the unfavorable lower court decision to the Michigan Court of Appeals. RSJA attorneys with expertise in these multiple disciplines and jurisdictions coordinated to successfully defend the city against all the constitutional claims at both the state and federal level.
2016 WL 1533562 (Mich App 2016 unpublished). Plaintiff operated a bar, restaurant, banquet center, and nightclub out of a structure that it had illegally expanded over a period of 20 years. Fire and construction code inspections led to an occupancy reduction from 2000 to 175 and multiple violation notices by the township and a lawsuit by the owner. The township won in circuit court, but the court denied the township’s request for sanctions based on a frivolous filing. Both sides appealed and the court confirmed the finding of a dangerous building. RSJA also appealed the denial of its request for sanctions and was eventually awarded $103,000 for the township in sanctions in addition to almost $30,000 in costs.
791 F3d 638 (6th Cir. 2015): We have successfully handled many cases in which an arrestee claims excessive force by police. In this case, police used one Taser shot and a knee strike to subdue a defendant who tried to prevent the officer from handcuffing him, swung his arms in the officer’s direction, balled up and refused to comply with verbal commands. The United States Court of Appeals reversed a denial of qualified immunity and summary judgment against the officer.
655 Fed Appx 383 (6th Cir. 2016): In general, police cannot allow civilians to participate in the execution of a warrant but, in this case, the Sixth Circuit agreed that law enforcement officers acted properly when they let a health insurer’s employees accompany them in raids of the home and office of a physician who was suspected of defrauding the insurer. The civilians were present only to help execute the search warrant and not to access the premises.
965 F2d 584 (6th Cir 1992). The plaintiff challenged a rezoning decision on constitutional grounds. The Sixth Circuit Court of Appeals affirmed the grant of a motion to dismiss in favor of the city.
795 F.3d 553 (6th Cir. 2015). A Howell man who refused to mow the grass in the greenbelt between the sidewalk and curb adjacent to his house challenged on constitutional grounds a property maintenance ordinance that authorized the city to charge him the cost of enforcing the ordinance and hiring a vendor to mow the grass. At the motion stage, the federal district judge ruled that the plaintiff had a right not to be forced to maintain municipal property and granted summary judgment in favor of the plaintiff. The Sixth Circuit Court of Appeals reversed the lower court in a published decision, holding that the city’s ordinance did not violate the Constitution.
2014 WL 6632163 (E.D. Mich. 2014). Plaintiff sued a neighboring owner of a landscaping company for creating a nuisance. She also sued the city to enforce its zoning ordinance and a consent judgment with the company regarding permitted uses on the property.
717 Fed. Appx. 555 (6th Cir 2017): Sheriff’s deputies used a confidential informant to conduct drug buys and identify the participants, one of whom was bound over for trial at a preliminary exam. The charges were subsequently dismissed based on contradictory testimony from another participant and the fact that the plaintiff passed a polygraph test. He then sued Huron County and several deputies, claiming that his Fourth Amendment rights were violated in the drug buys. The trial court granted summary judgement to dismiss the case against the county and deputies, because the bind-over conclusively established that there was probable cause to arrest plaintiff on the charges. The Sixth Circuit Court of Appeals upheld the lower court’s dismissal of all claims against Defendants.
676 Fed Appx 466 (6th Cir, 2017). The United States Court of Appeals for the Sixth Circuit reversed the district court’s denial of qualified immunity and held that the defendant paramedic did not violate the plaintiff’s clearly-established Fourth Amendment rights by grabbing the plaintiff, who was being aggressive, and forcing her to the floor and, thus, was entitled to qualified immunity in her federal use of force action. The paramedic acted reasonably by intervening because reasonable an officer in her position would have found intervention necessary, various factors could have led paramedic to believe that her use of force was necessary, citizen was second-degree black belt in Tae Kwon Do and knew how to fight, citizen acted aggressively in front of paramedic by yelling obscenities, throwing her phone, and walking angrily toward another paramedic, and police officer told citizen immediately before paramedic intervened that citizen needed to stop fighting him.
881 F3d 432 (6th Cir 2018). A religious radio station with a contract to rent antennas on a city-owned communications tower wanted to add antennas and increase its broadcast power. The FCC had approved the increase in broadcast power and the broadcaster asserted that that federal decision meant the city had to approve its request. The trial court dismissed all of plaintiff’s claims, finding that the city’s denial was a proper assertion of its property rights as the tower owner and not a violation of the plaintiff’s constitutional rights. The Sixth Circuit Court of Appeals upheld the lower court’s dismissal.
2010 WL 866133 (Mich App 2010 unpublished). The plaintiff wanted to convert an existing donut and coffee shop into a gas station and convenience store. The property had a triangular shape and was bordered by roads on each side. The township denied the request, which the plaintiff alleged was a taking and a violation of due process. The lower court summarily dismissed the claims which was later upheld by the court of appeals.
863 F Supp 504 (1993). The city denied an application for a special use permit for a group for up to 12 individuals. The applicant built its case on constitutional issues as well as specific claims under the Federal Fair Housing Amendments Act. The court granted dismissal in favor of the city.
159 F Supp 2d 608 (2001). The township denied a special land use permit for a daycare center, which alleged religious discrimination. The court granted summary judgment in favor of the township.
Unpublished decision per curiam of the Court of Appeals, issued November 4, 2014 (Docket No. 315403), leave denied, 498 Mich. 865 (2015); Vermilya v Delta College Board of Trustees, unpublished decision per curiam of the Court of Appeals, June 15, 2017 (Docket No. 331958). Summary disposition on all but one of several claims of violations of the Michigan Open Meetings Act. The remaining claim was tried to a verdict in favor of the board and its compensation committee. The Michigan Court of Appeals upheld the summary disposition twice and awarded 150% of trial costs to board members. The Michigan Supreme Court declined to consider the case.
900 F3d 250 (6th Cir. 2018) (argued): When a county mental health agency reduced its budget for Medicaid-funded community living support services, an advocacy group sought preliminary injunctive relief, asking that the agency fresh notice of and hearings about the reductions. The Sixth Circuit Court of Appeals held that the group lacked associational standing; that they did not suffer any actual or imminent injury from any loss of due process that would find redress through fresh notices and hearing rights.
Unpublished Court of Appeals #334917 (2017). Plaintiff was a contractual consultant who services were terminated by the Court. Plaintiff sued alleging violation of the Whistleblower Protection Act. RSJA attorneys obtained an early dismissal of this case with the argument that Plaintiff was not an employee entitled to protection under the WPA. Defendants also obtained sanctions for plaintiff’s filing of this frivolous suit. The ruling of the lower court, including the order that plaintiff pay sanctions was upheld on appeal.