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Significant Court Opinions

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Negligence

Fingerle v. City of Ann Arbor (published), (concurring) (December 2, 2014) (pdf)
Court of Appeals reversed Circuit Court denial of summary judgment in governmental immunity case.

Schulte v. City of Ann Arbor (September 1, 2011) (pdf)
Court of Appeals affirmed Circuit Court dismissal of plaintiff's claim for damages arising from a water main break. The court found this claim barred by governmental immunity.

Fitzgerald v. City of Ann Arbor  (February 22, 2011) (pdf) 
Court of Appeals reversed Circuit Court denial of summary disposition.  Court of Appeals held dismissal of Plaintiff's injury claim under governmental immunity was required because City had no knowledge of City sidewalk defect in handhole cover.

Spayth v. City of Ann Arbor  (December 7, 2010) (pdf)
Court of Appeals reversed Circuit Court denial of summary disposition in favor of City Injury case thereby dismissing based on governmental immunity.

Cooper v. City of Ann Arbor (2006) (pdf)
  270 Mich App. 506
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   Unpublished 227067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.

Contract

HDC, LLC, et al. v. City of Ann Arbor  (May 27, 2010) (pdf)
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Unpublished, 2006 WL 198418 (Mich.App.)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

Karim Berenjian and Azita Berenjian v. City of Ann Arbor (November 29, 2011) (pdf)
Court of Appeals affirms findings of the Michigan Tax Tribunal regarding valuation of petitioner's residential property.

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

HDC, LLC; XY, LLC; 200 East William Street, LDHA, LLC v. City of Ann Arbor (March 30, 2012) (pdf) 
Court of Appeals affirmed the District Court's dismissal of 30 million dollar law suit against City alleging violations of the Federal Fair Housing Act.

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

V.R. Entertainment, et al v. City off Ann Arbor (December 19, 2013) (pdf) 
Court of Appeals affirmed Circuit Court dismissal of due process and Open Meetings Act case brought by the Dream Niteclub that also requested liquor license renewal by the City.

V.R. Entertainment, et al v. City of Ann Arbor (August 6, 2012) (pdf) 
U.S. District Court denied motions to set aside judgment and to amend complaint.

V.R. Entertainment, et al v. City of Ann Arbor (June 22, 2012) (pdf)
U.S. District Court dismissed the Dream Niteclub's claim of constitutional violations by the City.

City of Ann Arbor v. Tedla, et al. - Washtenaw County Circuit Court (2006) (pdf)
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.

Employment

Dawn King v. City of Ann Arbor (April 12, 2012) (pdf)
Court of Appeals affirmed Circuit Court’s dismissal of plaintiff’s whistleblower lawsuit because it had no factual or legal merit.

Dolan v. City of Ann Arbor  (January 12, 2011) (pdf)  
6th Circuit Court of Appeals affirmed U.S. District Court dismissal of Plaintiff's employment claim, based on governmental immunity. 

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.

 

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