United States Sixth Circuit

In a property owner's 42 U.S.C. section 1983 suit against a town and its Board of Trustees, arising from an adoption of a zoning ordinance that prevented the construction of a Wal-Mart on plaintiff's property , district court's order granting plaintiff's motion for a permanent injunction is affirmed as the town violated plaintiff's procedural due process rights when it adopted zoning instructions that amended the planned development without providing plaintiff without notice and an opportunity to be heard.

Appellate Information

• Argued 12/04/2009
• Decided 06/28/2010
• Published 06/28/2010

Judges

• GRIFFIN, J.

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Joseph R. Miller, Michael W. Currie