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202 NORTH MONROE, LLC v. SOWER

No. 16-1982.

850 F.3d 265 (2017)

202 NORTH MONROE, LLC, Plaintiff, City of Rockford, Plaintiff-Appellant, v. Caleb SOWER; Kristine Sower; Larry Vis; Elsie Wayman; Jim Jennelle; Susie Jennelle; Dale Goossen; Linda Goossen; Jack McClennen; Amy Hadley; Neighbors for Neighborhood, Inc., Defendants-Appellees, Fred Haack; Angie Haack; Kenneth E. Phillips; Troy Winters; Michelle Winters, Third Parties-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 1, 2017.

Attorney(s) appearing for the Case

ARGUED: Mary Massaron , PLUNKETT COONEY, Bloomfield Hills, Michigan, for Appellant. Michael D. Homier , FOSTER, SWIFT, COLLINS & SMITH, P.C., Grand Rapids, Michigan, for Appellees. ON BRIEF: Mary Massaron , PLUNKETT COONEY, Bloomfield Hills, Michigan, for Appellant. Michael D. Homier , FOSTER, SWIFT, COLLINS & SMITH, P.C., Grand Rapids, Michigan, for Appellees.

Before: GIBBONS, COOK, and KETHLEDGE, Circuit Judges.

OPINION

After the City of Rockford (the City) failed to approve a zoning petition for property owned by 202 North Monroe, LLC (202 North Monroe), the developer sued, challenging the constitutionality of the zoning-approval process. After a number of individuals living in the vicinity of the proposed...

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