Case Results for Real Estate and Construction

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.
Wayne County Circuit Court Case No. 18-012968-CK (Feb. 2019). Plaintiff sought to hold the City, its Building Official, and inspectors liable for a partial taking and for negligent inspection, where an unlicensed contractor fraudulently procured a homeowner’s permit and had concealed defects in his construction of a home addition. The Court granted the City’s pre-answer motion to dismiss on grounds of governmental immunity, lack of duty, and upon finding that no City actions could be considered the cause of any harm plaintiffs alleged to have suffered.