City of Kalamazoo v. Department of Corrections

After a bench trial, the trial court issued a judgment dismissing plaintiff’s action on its merits. Plaintiff appeals as of right. We reverse and remand.

This case, which is before us for a second time, arises out of plaintiff’s opposition to defendant’s placement of a community corrections center within the city of Kalamazoo. In March of 1993, plaintiff filed a complaint for injunctive and declaratory relief seeking to prevent defendant from following through on its announced plans to locate a new community corrections center on the grounds of the Kalamazoo Regional Psychiatric Hospital.…