Schwartz v. City of Flint

Defendant appeals by leave granted the denial of its motion for summary disposition. Defendant argues that plaintiffs claim, seeking money damages for an unconstitutional taking of his property, is barred by res judicata. We agree and reverse.

This action is part of a continuing legal saga that began in 1971 when plaintiff, desiring to erect townhouses and apartment buildings on his property, first instituted a suit claiming that defendant’s single-family residential zoning ordinance was unreasonable as applied to his land. Plaintiffs action was for declaratory relief, seeking to have the…