United States Sixth Circuit

The portion of plaintiff's complaint regarding defendant's refusal to grant a tower permit at a residential location was time-barred. Plaintiff cannot compel the sale or lease of a portion of public park that was deeded to defendant with a use restriction, absent both an agreement from the grantors to waive the deed restriction and formal action by the City Council.

Appellate Information

• Argued 12/02/2003
• Decided 01/15/2004
• Published 01/15/2004

Judges

• Before GUY and GILMAN, Circuit Judges;  REEVES, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• E. Powell Miller (briefed), Marc L. Newman (argued and briefed), Miller Shea P.C., Troy, MI, for Appellant.


• For Appellees:
  
• Gerald A. Fisher (argued and briefed), Secrest, Wardle, Lynch, Hampton, Truex & Morley, Farmington Hills, MI, for Appellees.