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SHOEMAKER v. CITY OF HOWELL

No. 13-2535.

795 F.3d 553 (2015)

David SHOEMAKER, Plaintiff-Appellee, v. CITY OF HOWELL, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 29, 2015.

Attorney(s) appearing for the Case

ARGUED: Marcelyn A. Stepanski , Johnson, Rosati, Schultz & Joppich, P.C., Farmington Hills, Michigan, for Appellant. Elizabeth A. Downey , Elizabeth A. Downey, P.C., Farmington Hills, Michigan, for Appellee. ON BRIEF: Marcelyn A. Stepanski , Johnson, Rosati, Schultz & Joppich, P.C., Farmington Hills, Michigan, for Appellant. Elizabeth A. Downey , Elizabeth A. Downey, P.C., Farmington Hills, Michigan, for Appellee. Julie McCann O'Connor , O'Connor, Degrazia, Tamm & O'Connor, P.C., Bloomfield Hills, Michigan, for Amici Curiae.

GILMAN, J., delivered the opinion of the court in which SUTTON, J., joined. CLAY, J. (pp. 568-78), delivered a separate dissenting opinion.

OPINION

Like many American cities, the City of Howell, Michigan requires its property owners to keep their lawns mowed below a certain height. Violators of the ordinance are charged a fine as well as a fee for the costs associated with hiring a private contractor to mow or otherwise maintain the property...

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