Civil Rights
Robert Nosse v. City of Ann Arbor, et al, United States District Court for the Eastern District of Michigan, Case No. 22-11283 (February 27, 2023)
Plaintiff asserted various constitutional and state law claims arising out of the City's Housing Code and an administrative search warrant for a rental housing inspection at his property. In particular, Plaintiff asserted that the City's Housing Code on its face violated the Fourth Amendment's warrant requirement.
The district court issued an opinion and order granting the City's motion to dismiss for failure to state a claim and denying Plaintiff's motion for a preliminary injunction to enjoin enforcement of the City's Housing Code. The district court concluded that Plaintiff failed to state a plausible claim against any of the Defendants. Notably, the district court concluded that the City's Housing Code did not violate the constitution.
Washtenaw Area Apartment Association et al v. City of Ann Arbor, United States District Court for the Eastern District of Michigan, Case No. 21-cv-12110 (December 15, 2021)
Plaintiffs, a group of Ann Arbor landlords, filed suit alleging that the City's Early Leasing Ordinance and Fair Chance Access to Housing Ordinance violated their constitutional rights under the First Amendment, Fifth Amendment, and substantive due process principles. Plaintiffs sought a preliminary injunction enjoining enforcement of the City's ordinances.
After briefing on the Plaintiffs' motion for a preliminary injunction and associated motion hearing where the Court expressed doubt as to the validity of Plaintiffs' claims after full briefing on the City's motion to dismiss but prior to a motion hearing, Plaintiffs voluntarily dismissed their complaint.
Marvin Gerber and Miriam Brysk v. Henry Herskovitz et al, City of Ann Arbor et al, United States Court of Appeals for the Sixth Circuit Case No. 20-1870 (on appeal from the United States District Court for the Eastern District of Michigan Case No. 19-cv-13726) (September 15, 2021)
Plaintiffs filed suit against a group of protesters and the City asserting various constitutional violations, including First Amendment violations, allegedly arising out of protests that take place every Saturday outside the Beth Israel Synagogue.
The Sixth Circuit issued an opinion affirming the district court's order on the grounds that Plaintiffs' complaint failed to state a claim for which relief could be granted. Additionally, the U.S. Supreme Court denied Plaintiffs' petition for a
writ of certiorari to appeal further.
Joseph Findler v. City of Ann Arbor et al, Sixth Circuit Case No. 20-1540 (on appeal from the United States District Court for the Eastern District of Michigan Case No. 2:19-cv-11404) (December 22, 2020)
Plaintiff filed a pro se civil rights lawsuit alleging that the police stole items from his house and after he reported stolen items, the police secretly returned the items.
The Sixth Circuit affirmed the district court's order granting the City's motion to dismiss Plaintiff's complaint for failing to state a claim upon which relief could be granted. The Court concluded that the facts alleged did not support a plausible inference that the defendants violated Plaintiff's rights.
Anthony Edwards v. Bradley Rougeau et al,Sixth Circuit Case No. 17-1831 (on appeal from the United States District Court for the Eastern District of Michigan Case No. 16-cv-11490) (June 11, 2018)
Plaintiff filed a civil rights lawsuit alleging that he was mistakenly made the subject of an arrest warrant and was subsequently arrested and held for eight days.
The Sixth Circuit affirmed the district court's order granting the Rougeau's motion to for judgment on the pleadings of Plaintiff's complaint. The Court concluded that the facts alleged did not support a plausible inference that the defendants violated Plaintiff's rights.
Joseph Bailey v. City of Ann Arbor et al, Sixth Circuit Case No. 16-2478 (on appeal from the United States District Court for the Eastern District of Michigan Case No. 4:14-cv-12002) (June 20, 2017)
Plaintiff filed a civil rights lawsuit alleging that the police lied when seeking a search warrant of Plaintiff's bedroom, the execution of which led to Plaintiff's arrest.
The Court reversed the district court's denial of the City's motion to dismiss Plaintiff's complaint for failing to state a claim upon which relief could be granted. The Court concluded that the facts alleged did not support a plausible inference that the defendants violated Plaintiff's rights.
FOIA
Bruce Laidlaw v. City of Ann Arbor, Washtenaw Circuit Court, Case No. 22-000327-CZ (November 16, 2022)
Plaintiff alleged that the City improperly exempted certain private information in response to his FOIA request. The circuit court granted the City's motion for summary disposition, concluding that the matter was moot and finding that Plaintiff was not entitled to an award of costs, fines, or punitive damages.
Debbie Schlussel v. City of Ann Arbor, Michigan Court of Appeals Case No. 341202 (on appeal from the Washtenaw Circuit Court Case No. 17-000838-CZ) (March 26, 2019)
Plaintiff filed a request pursuant to Michigan's Freedom of Information Act seeking police reports related to two alleged assaults that took place in the City of Ann Arbor. The City produced the reports while redacting information that could be used to identify a reportee of one of the assaults pursuant to the personal privacy exemption. Plaintiff filed a lawsuit to challenge those redactions.
The Michigan Court of Appeals affirmed the circuit court's order granting the City's motion to dismiss Plaintiff's complaint. The Court concluded that the redacted information was of a personal nature and the disclosure of the information would be an unwarranted invasion of that individual's privacy since it would not help the public understand the workings of the City of Ann Arbor.
Negligence
Nawal Hatoum v. City of Ann Arbor et al, Michigan Court of Appeals Case No. 339634 (on appeal from the Washtenaw Circuit Court Case No. 16-000685-NI) (May 22, 2018)
Plaintiff filed a lawsuit alleging that she was injured as a result of an automobile collision with a City vehicle.
The Michigan Court of Appeals reversed the circuit court's denial of the City's motion to dismiss Plaintiff's complaint on the basis of governmental immunity. The Court held that because Plaintiff failed to present evidence that she suffered a serious impairment of a bodily function as a result of the collision, and therefore the motor vehicle exception to governmental immunity did not apply. The Court held that the City had immunity from the suit and remanded the case to be dismissed.
Schulte v. City of Ann Arbor, Michigan Court of Appeals Case No. 298290 (on appeal from the Washtenaw Circuit Case No. 09-000048-NZ (September 1, 2011)
Plaintiff filed a lawsuit arising out of a basement flood after a water main break. The Michigan Court of Appeals affirmed the circuit court's grant of the City's motion for summary disposition on the basis of governmental immunity. The Court held that the Plaintiff failed to establish that the City's system had defect and thus, the City was entitled to governmental immunity.
Employment
Elizabeth Patten v. City of Ann Arbor, Michigan Court of Appeals Case No. 335021 (on appeal from the Washtenaw Circuit Court Case No. 15-000771-CD) (January 11, 2018)
Plaintiff filed a lawsuit pursuant to Michigan's Elliot-Larsen Civil Rights Ace and Title VII of the Civil Rights Act of 1964 alleging that the City discriminated against her in her employment with the City on the basis of her gender and in retaliation for protected activity.
The Michigan Court of Appeals reversed the circuit court's denial of the City's summary judgment motion. The Court held that the City had legitimate, non-discriminatory, and non-retaliatory reasons for all the alleged adverse actions taken against the Plaintiff, and Plaintiff could not present any evidence to rebut those reasons.
Labor
Ann Arbor Police Officers Association et al v. City of Ann Arbor, et al, Michigan Court of Appeals Case No. 360147 (on appeal from Washtenaw Circuit Court, Case No. 21-001252-CC) (January 19, 2023)
Plaintiffs sought declaratory and injunctive relief to enjoin the City from enforcing its COVID-19 vaccine requirement for employees. Plaintiffs asserted that the vaccine requirement violated a prohibition on vaccine mandates contained in a state appropriations bill concerning funding to state entities.
The Michigan Court of Appeals affirmed the trial court's order granting the City's motion for summary disposition. The Court of Appeals concluded that dismissal of Plaintiffs' complaint was appropriate because the prohibition of vaccine mandates found in the state appropriations bill did not apply to the City.
Contract
L. Loyer Construction v. City of Ann Arbor, Michigan Court of Appeals Case No. 263030 (on appeal from Washtenaw Circuit Court, Case No. 03-000243-CZ) (January 26, 2006)
The Court of Appeals affirmed the Circuit Court's dismissal of the Plaintiff's numerous claims alleging $10 million in damages in a construction case. Among the other claims dismissed, the circuit court found that the Plaintiff failed to establish a breach of contract.
Tax
Michelle Forbes v. City of Ann Arbor, Michigan Court of Appeals Case No. 361648 (on appeal from the Michigan Tax Tribunal) (May 11, 2023)
The Court of Appeals affirmed the findings of the Michigan Tax Tribunal regarding the valuation of the Petitioner's residential property.
Karim and Azita Berenjian v. City of Ann Arbor, Michigan Court of Appeals Case No. 300490 (on appeal from the Michigan Tax Tribunal) (November 29, 2011)
The Court of Appeals affirmed the findings of the Michigan Tax Tribunal regarding the valuation of the Petitioners' residential property.
Property and Zoning
HDC, LLC et al. v. City of Ann Arbor, United States Court of Appeals for the Sixth Circuit Case No. 10-2078 (on appeal from District Court for the Eastern District of Michigan Case No. 09-14027) (March 30, 2012)
The Court of Appeals affirmed the district court's dismissal of a $30 million lawsuit against the City asserted by a developer seeking to develop property, for housing discrimination and other claims.
The Episcopal Student Foundation, d/b/a Canterbury House v. City of Ann Arbor, United States District Court for the Eastern District Case No. 03-cv-70150
The District Court dismissed plaintiff's lawsuit claiming that the City violated federal law, the Religious Land Use and Institutionalized Persons Act, by not allowing the church to demolish its building in a Historic District.
