Legal Opinion · Dissent

Electri-Tech, Inc. v. H F Campbell Co.

Michigan Supreme Court

Decided August 1, 1989No. 81866, (Calendar No. 10)Published

1DissentBrickley, J.

Defendant City of Westland arbitrarily and capriciously required plaintiff Electro-Tech to cede a portion of its property to the city without compensation as a condition of obtaining a building permit. As a result, Electro-Tech was deprived of a property interest without due process.

In my opinion, the majority seriously misconstrues recent precedent from the United States Supreme Court. First, by concluding that ElectroTech’s claim is unripe for want of a "final decision” from the city regarding Electro-Tech’s right to build on its property, the majority has unjustifiably expanded the…

2Cases cited29 opinions

  1. Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
  2. Graham v. ConnorSupreme Court of the United States · 1989
  3. Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
  4. Daniels v. WilliamsSupreme Court of the United States · 1986
  5. Parratt v. TaylorSupreme Court of the United States · 1981

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