Hearns Concrete Construction Co. v. City of Ypsilanti

MEMORANDUM OPINION AND ORDER

ANNA DIGGS TAYLOR, District Judge.

I

The Plaintiff, Hearns Concrete (“Hearns”), is the owner of land located at 212 N. Lincoln Street in Ypsilanti, Michigan, consisting of two lots, 82 and 83. In early 1999, a site plan was submitted to the City of Ypsilanti Planning Commission (the “Commission”) by Hearns. The proposed expansion of the business was to include the addition of offices to the front of the garage structure located on lot 82. On June 29,1999, this site plan was denied because it would constitute a “non-conforming use.”

On December 15, 1999, the plaintiff…