United States Sixth Circuit

Dismissal of plaintiff's unconstitutional conditions claim, for lack of subject matter jurisdiction, is reversed where defendant-City's alleged requirement that plaintiff choose between its due process rights in certain hours of operation and its desired city approvals raises a constitutional question over which the district court had jurisdiction.

Appellate Information

• Decided 02/10/2005
• Published 02/10/2005

Judges

• CALDWELL, District Judge., Before:  DAUGHTREY and MOORE, Circuit Judges;  CALDWELL, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:Robert D. Horvath, Troy, Michigan, for Appellants. Julie McCann O'Connor, O'Connor, DeGrazia & Tamm, Bloomfield Hills, Michigan, for Appellees. ON BRIEF:Robert D. Horvath, Troy, Michigan, for Appellants. Julie McCann O'Connor, O'Connor, DeGrazia & Tamm, Bloomfield Hills, Michigan, for Appellees.