Northpointe Plaza v. City of Rochester

OPINION

HUSPENI, Judge.

The trial court originally held appellant, a property owner, entitled to recover $65,-081.33 in damages, $38,925 in attorney fees, and $1,876.44 in costs and disbursements from respondent, a city, on the grounds that the city’s arbitrary denial of a conditional use permit (CUP) for appellant’s property was a violation of appellant’s right to substantive due process.and was actionable under 42 U.S.C. § 1983. Respondent moved for amended findings or for a new trial. Because the local federal district court had recently held that arbitrary zoning decisions are not…