United States Sixth Circuit

In a Takings Clause and Due Process case brought by landowners who sought to rezone their farmland for a trailer park and other residential development, summary judgment for defendant-township is affirmed where: 1) plaintiffs did not fulfill their obligation of seeking just compensation in state court, and thus the circuit court lacked jurisdiction to reach the merits of their takings claim; and 2) even assuming plaintiffs' other claims were not "ancillary" to the unripe takings claim, summary judgment was proper on those claims.

Appellate Information

• Decided 03/13/2008
• Published 03/13/2008

Judges

• Before:  MERRITT, GILMAN, and COOK, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  J. David Breemer, Pacific Legal Foundation, Sacramento, California, for Appellants.  Thomas R. Meagher, Foster, Swift, Collins & Smith, Lansing, Michigan, for Appellee.   ON BRIEF:  J. David Breemer, Pacific Legal Foundation, Sacramento, California, Joseph W. Phillips, Conlin, McKenney & Philbrick, Ann Arbor, Michigan, for Appellants.  Thomas R. Meagher, Foster, Swift, Collins & Smith, Lansing, Michigan, for Appellee.