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HDC, LLC v. CITY OF ANN ARBOR

No. 10-2078.

675 F.3d 608 (2012)

HDC, LLC; XY, LLC; 200 East William Street, LDHA, LLC, Plaintiffs-Appellants, v. CITY OF ANN ARBOR, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 30, 2012.

Attorney(s) appearing for the Case

ARGUED: K. Dino Kostopoulos , Padilla Kostopoulos PLLC, Birmingham, Michigan, for Appellants. Stephen K. Postema , Office of the City Attorney, Ann Arbor, Michigan, for Appellee. ON BRIEF: K. Dino Kostopoulos , Padilla Kostopoulos PLLC, Birmingham, Michigan, Elizabeth L. Sokol , Law Offices of Elizabeth L. Sokol, Royal Oak, Michigan, for Appellants. Stephen K. Postema , Office of the City Attorney, Ann Arbor, Michigan, James M. Cameron, Jr. , Krista L. Lenart , Dykema Gossett PLLC, Ann Arbor, Michigan, for Appellee. John B. Nalbandian , Dominick S. Gerace , Taft Stettinius & Hollister, LLP, Cincinnati, Ohio, for Amicus Curiae.

Before: KENNEDY, MARTIN, and STRANCH, Circuit Judges.

OPINION

BOYCE F. MARTIN, JR., Circuit Judge.

This is an appeal of a dismissal under Federal Rule of Civil Procedure 12(c). Three related companies—HDC, LLC, XY, LLC, and 200 East William Street, LDHA, LLC—sued the City of Ann Arbor, Michigan. Ann Arbor issued a "request for proposal" to develop city-owned property and HDC submitted a proposal in response. Ann Arbor accepted HDC's development proposal. HDC formed XY to develop the project, and...

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