KUTROM CORP. v. CITY OF CENTER LINE

No. 91-2356.

979 F.2d 1171 (1992)

KUTROM CORPORATION, a Michigan corporation, d/b/a Oasis Executive Spa, 2537 Van Dyke, Center Line, Michigan, Plaintiff-Appellant, v. CITY OF CENTER LINE, a municipal corporation, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided November 18, 1992.


Attorney(s) appearing for the Case

Stephen M. Taylor (briefed), Farmington Hills, Mich., for plaintiff-appellant.

Christine D. Oldani (briefed), James E. Tamm, Plunkett & Cooney, Detroit, Mich., for defendant-appellee.

Before: GUY and BATCHELDER, Circuit Judges; and LIVELY, Senior Circuit Judge.


LIVELY, Senior Circuit Judge.

The question in this case is whether the district court erred in granting a city's motion for summary judgment in a resident's action seeking to have a city ordinance declared unconstitutional. More particularly, this court must decide whether the district court properly granted summary judgment on the basis of a presumption of an ordinance's validity without requiring the city, as the moving party, to produce any evidence of the reasonableness...

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