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Significant Court Opinions

Contract

HDC, LLC, et al. v. City of Ann Arbor  (May 27, 2010)
U.S. District Court dismissed $30 million dollar lawsuit against City brought by developer seeking to develop property, for housing discrimination and other claims.

L. Loyer Construction Company v. City of Ann Arbor (2009) (pdf) 
Circuit Court dismissed multi-million dollar lawsuit against MDOT (and City contractually obligated to defend). City Attorneys appointed Special Attorney Generals to defend suit, as they had previously successfully defended City on similar claims.

L.Loyer Construction v. City of Ann Arbor (2006) (pdf)
  Unpublished, 2006 WL 198418 (Mich.App.)  Court of Appeals affirmed Circuit Court's dismissal of all of plaintiff's numerous claims alleging $10 million in damages in a construction case

Tax Law

Dobson v. City of Ann Arbor (2007) (pdf)
   Unpublished, 2007 WL 162220 (Mich.App.)
Court of Appeals affirmed dismissal of plaintiff's suit against City for lack of standing and found that a franchise fee is not an impermissible tax under the Headlee Amendment.

Signature Villas v. City of Ann Arbor (2006) (pdf)
   269 Mich.App. 694, 714 N.W.2d 392
Court of Appeals affirmed City's valuation in a Michigan Tax Tribunal case.

Burlington Property, L.L.C. v. City of Ann Arbor (2006) (pdf)
   269 Mich.App. 690, 713 N.W.2d 799
Court of Appeals affirmed City's valuation in a Michigan Tax Tribunal case.

Colonial Square Cooperative v. City of Ann Arbor (2004) (pdf)
   263 Mich.App. 208, 687 N.W.2d 618
Court of Appeals upheld constitutionality of property tax law requiring uncapping of taxable value of property owned by the plaintiff cooperative after transfer of ownership of cooperative units.

Property and Zoning

The Episcopal Student Foundation, d/b/a Canterbury House v. City of Ann Arbor (2004) (pdf)
   341 F.Supp.2d 691
U.S. District Court dismissed plaintiff's lawsuit claiming 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.

Historic Districts

Glen Ann Place v. Ann Arbor Historic District Commission (2007) (pdf)
State Historic Preservation Review Board affirmed the Historic District Commission's denial of plaintiff's application to demolish two historical houses in the Old Fourth Ward Historic District.

Edward Shaffran v. Ann Arbor Historic District Commission (2004) (pdf)
State Historic Preservation Review Board affirmed the decision of the Ann Arbor Historic District Commission, which denied an application to construct a building in the East Liberty Historic Block.

Nuisance

City of Ann Arbor v. Tedla, et al. - Washtenaw County Circuit Court (2006) (pdf)
Washtenaw County Circuit Court granted an injunction against nuisance property.

Li v. Feldt and City of Ann Arbor
439 Mich 457 (1992)
In a case significant in the development of Michigan tort law, the Michigan Supreme Court held that there is no public nuisance exception to governmental immunity. Therefore, injury case based on public nuisance theory dismissed.

Negligence

Cooper v. City of Ann Arbor (2006) (pdf)
  270 Mich App. 506
Michigan Court of Appeals reversed Circuit Court denial of summary judgment in wrongful death/governmental immunity case.

Marchyok v. City of Ann Arbor (2004) (pdf)
   260 Mich.App. 684, 679 N.W.2d 703
Court of Appeals affirmed the Circuit Court's dismissal of plaintiff's wrongful death and negligence lawsuit.

Mary Mack v. City of Ann Arbor (2002) (pdf)
   Unpublished 227067
Court of Appeals affirmed trial court's dismissal of plaintiff's wrongful death lawsuit against the City. The Court held that the police acted reasonably and were entitled to governmental immunity from such a lawsuit.

Employment

Nievaard v. City of Ann Arbor (2005) (pdf)
   124 Fed.Appx. 948, 2005 WL 517294 (C.A.6 (Mich.)), 2005 Fed.App. 0173N
U.S. Court of Appeals affirmed the U.S. District Court's dismissal of plaintiff's alleged $2 million sexual harassment claim. The Court found that the City promptly and properly remedied any alleged wrongful conduct.

 Labor

City of Ann Arbor v. Teamsters Union (2007) (pdf)
Arbitrator denied grievance by employee who was terminated for substantial misconduct.

Other

Schulte v. City of Ann Arbor (pdf) - Washteanw County Circuit Court (February 19, 2010)
Circuit Court ordered plaintiff to pay the City Attorney's fees pursuant to the Court's grant of summary disposition in City's favor.  The Circuit Court found $165/hr to be a reasonable hourly rate to assess for the work of the Chief Assistant City Attorney for pre-trial work, even though this rate was substantially greater than what the City actually paid for this work.  The Court further found that the specific market rate for this same quality of municipal legal work done by outside counsel was $210/hr.

 


Robert West
Senior Assistant
City Attorney
301 E. Huron
Ann Arbor, MI 48107
(734) 794-6170

Fax:  (734) 994-4954 


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