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STATE COURT GRANTS COMPLETE DISMISSAL OF PLAINTIFF’S ZONING CASE

Published: August 08, 2011

On August 8, 2011, the Genesee County Circuit Court granted a complete dismissal of a lawsuit filed against Grand Blanc 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. Plaintiff claimed that the Township’s temporary moratorium on residential building in 2005 caused her to lose the opportunity to sell her property to a developer. The Court disagreed and determined that Plaintiff’s failure to ever challenge the Township’s decisions regarding either the developer’s site plan application or the moratorium itself rendered her claims unripe, meaning that the Court lacked jurisdiction over the claims. The Court also determined that Plaintiff failed to establish a taking because the moratorium did not actually prevent her from using or selling her property.

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