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BRODY v. CITY OF MASON

No. 99-1188.

250 F.3d 432 (2001)

Bonita BRODY, Mary Lou Keenon, and Alex Lebedovych, Plaintiffs-Appellants, v. CITY OF MASON and Lorri McCalla, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 17, 2001.

Rehearing Denied July 3, 2001.

Attorney(s) appearing for the Case

ARGUED: Curtis R. Hadley (argued and briefed), Willingham & Cote', East Lansing, Michigan, Jules Hanslovsky, Law Offices of Jules Hanslovsky, Okemos, MI, for Plaintiffs-Appellants.

Marcia L. Howe, JOHNSON, ROSATI, LaBARGE, ASELTYNE & FIELD, Farmington Hills, Michigan, for Appellee.

ON BRIEF: Curtis R. Hadley (argued and briefed), Willingham & Cote', East Lansing, Michigan, Jules Hanslovsky, Law Offices of Jules Hanslovsky, Okemos, MI, for Plaintiffs-Appellants.

Marcia L. Howe, JOHNSON, ROSATI, LaBARGE, ASELTYNE & FIELD, Farmington Hills, Michigan, for Appellee.

Dennis E. McGinty, McGinty, Jakubiak, Frankland, Hitch & Henderson, East Lansing, MI, Marcia L. Howe (argued and briefed), Johnson, Rosati, LaBarge, Aseltyne & Field, Farmington Hills, MI, for City of Mason.

Donald L. Jones, Reeves & Jones, Lansing, MI, for Lorri McCalla.

Before: BOGGS and MOORE, Circuit Judges; COHN, Senior District Judge.

Pursuant to Sixth Circuit Rule 206

OPINION

COHN, Senior District Judge.

I.

This case arises from the City of Mason's grant of a special use permit allowing a property owner to operate a beauty salon in a residential neighborhood and pave the rear yard for parking. Plaintiffs are neighboring property owners who claim they have suffered damage caused by water runoff from the parking lot pavement. Plaintiffs' suit in the district court claimed...

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