Legal Opinion

Norbert C. Pearson, Also Known as Spike v. City of Grand Blanc, J. Larry Tomlinson

Court of Appeals for the Sixth Circuit

Decided March 10, 1992No. 91-1221PublishedCited by 247 opinions

1Opinion of the Court

BERTELSMAN, Chief District Judge.

This is a federal civil rights case, brought pursuant to 42 U.S.C. § 1983 and 28 U.S.C.A. § 1341, stemming from the routine denial of a zoning change by the defendant City of Grand Blanc, Michigan. The district court granted summary judgment for the defendants. 1

Although the result of the district court opinion, 756 F.Supp. 314, is clearly correct, its published opinion 2 adopts the rationale that all federal zoning cases should be treated as “takings.” After exhaustive research, we find that this proposition — while it has the undoubted salutary advantage of…

2Cases cited92 opinions

  1. Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
  2. Daniels v. WilliamsSupreme Court of the United States · 1986
  3. Village of Arlington Heights v. Metropolitan Housing Development Corp.Supreme Court of the United States · 1977
  4. Griswold v. ConnecticutSupreme Court of the United States · 1965
  5. Zinermon v. BurchSupreme Court of the United States · 1990

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3Cited by247 opinions

  1. Laurie Range v. Kenneth DouglasCourt of Appeals for the Sixth Circuit · 2014
  2. Zahra v. Town Of SoutholdCourt of Appeals for the Second Circuit · 1995
  3. Paterek v. Village of Armada, MichiganCourt of Appeals for the Sixth Circuit · 2015
  4. Sylvia Development Corporation v. Calvert CountyCourt of Appeals for the Fourth Circuit · 1995
  5. Paul Natale Wendy Natale Jarrod Natale v. Town of Ridgefield Ridgefield Planning and Zoning CommissionCourt of Appeals for the Second Circuit · 1999

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