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FEDERAL COURT ISSUES 53 PAGE OPINION GRANTING COMPLETE DISMISSAL OF HOMEOWNER’S CLAIMS OF FIRST AMENDMENT RETALIATION AND OTHER CONSTITUTIONAL CLAIMS.

Published: May 16, 2012

On May 16, 2012, the Federal District Court for the Eastern District of Michigan granted the complete dismissal of a retaliation lawsuit filed against Chesterfield Township, holding that none of the evidence supported any of Plaintiff’s claims.  The Township was defended by McGraw Morris P.C. attorneys Thomas J. McGraw and Christopher J. Raiti. As reported in the Detroit Free Press, Plaintiff filed three previous lawsuits against the Township, as well as challenging the Township’s actions at various other times.  (click here to read to Free Press article). Plaintiff claimed that the Township retaliated against him by refusing to issue a Certificate of Occupancy and by issuing stop work orders and requiring him to pay $27,500.00 in water and sewer tap fees at his business, in violation of the First Amendment.  Plaintiff also claimed that the Township violated the Due Process and Equal Protection clauses of the Constitution by failing to give him an opportunity to address the stop work orders and by requiring more of him than other similarly situated residents.  The Court disagreed and ruled that Plaintiff’s failure to ever challenge the Township’s decisions regarding the Certificate of Occupancy, one of the stop work orders or the tap fees rendered his claims unripe, meaning that the Court lacked jurisdiction over the claims. The Court also determined that, even if the claims were ripe, the Township’s decisions were not intended to retaliate against Plaintiff, the Township afforded Plaintiff due process throughout their dealings and Plaintiff failed to demonstrate that he was treated any differently than any other similarly situated Township residents. Click here to read the full Detroit Free Press article.

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