PARAGON PROPERTIES CO. v. CITY OF NOVI

Docket No. 100064, Calendar No. 4.

550 N.W.2d 772 (1996)

452 Mich. 568

PARAGON PROPERTIES COMPANY, Plaintiff-Appellant, v. CITY OF NOVI, a Michigan municipal corporation, Defendant-Appellee.

Supreme Court of Michigan.

Decided July 23, 1996.


Attorney(s) appearing for the Case

Hyman & Lippitt, P.C. by Norman L. Lippitt, H. Joel Newman, and Roger L. Myers, Birmingham, for plaintiff.

Cummings, McClorey, Davis & Acho, P.C. by Gail P. Massad, Livonia, for defendant.

Norman Hyman, David W. Berry, Susan Friedlaender, and Kevin Kohls, Birmingham, amicus curiae, for Real Property Section of the State Bar of Michigan.

Johnson, Rosati, Galica, Shifman, LaBarge, Aseltyne, Sugameli & Field, P.C. by Carol A. Rosati and Marcia L. Howe, Farmington Hills, amicus curiae, for Michigan Municipal League.

Kohl, Secrest, Wardle, Lynch, Clark & Hampton by Gerald A. Fisher, Farmington Hills, amicus curiae, for Public Corporation Law Section of the State Bar of Michigan.


WEAVER, Justice.

Plaintiff, Paragon Properties Company claims that the Novi zoning ordinance as applied to Paragon's property effected an unconstitutional taking. This claim requires examination of whether the Novi City Council's denial of Paragon's request to rezone its property was a final decision appealable to the circuit court. We find it was not, and that Paragon's constitutional claim is not ripe for review. The Court of Appeals is affirmed.

I

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