LOESEL v. CITY OF FRANKENMUTH

No. 10-2354.

692 F.3d 452 (2012)

Ronald LOESEL, Arthur Loesel, Gayle Loesel, Elaine Loesel, Valerian Nowak, and Valerian Nowak and Alice B. Nowak Trust by Valerian Nowak, Plaintiffs-Appellees, v. CITY OF FRANKENMUTH, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 20, 2012.


Attorney(s) appearing for the Case

ARGUED: Mary Massaron Ross , Plunkett Cooney, Bloomfield Hills, Michigan, for Appellant. Andrew Kochanowski , Sommers Schwartz, P.C., Southfield, Michigan, for Appellees. ON BRIEF: Mary Massaron Ross , Plunkett Cooney, Detroit, Michigan, for Appellant. Andrew Kochanowski , Jesse Young , Sommers Schwartz, P.C., Southfield, Michigan, for Appellees.

Before: MARTIN, GILMAN, and WHITE, Circuit Judges.


OPINION

RONALD LEE GILMAN, Circuit Judge.

This appeal concerns the legality of actions taken by the City of Frankenmuth (the City) to keep a Wal-Mart supercenter from being built on land owned by the Loesel family in Frankenmuth Township (the Township). As the result of a post purchase-agreement ordinance that restricted the size of any new buildings on the property to 65,000 square feet or less, Wal-Mart Real Estate Business Trust (Wal-Mart) terminated...

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