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LUMBARD v. CITY OF ANN ARBOR

No. 18-1258.

913 F.3d 585 (2019)

Lynn LUMBARD; Anita Yu; John Boyer; Mary Raab, Plaintiffs-Appellants, v. CITY OF ANN ARBOR, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: January 10, 2019.

Attorney(s) appearing for the Case

ARGUED: Donald W. O'Brien, Jr. , WOODS OVIATT GILMAN, LLP, Rochester, New York, for Appellants. Abigail Elias , CITY OF ANN ARBOR, Ann Arbor, Michigan, for Appellee. ON BRIEF: Donald W. O'Brien, Jr. , WOODS OVIATT GILMAN, LLP, Rochester, New York, for Appellants. Abigail Elias , Stephen K. Postema , CITY OF ANN ARBOR, Ann Arbor, Michigan, for Appellee.

BATCHELDER, J., delivered the opinion of the court in which COOK and KETHLEDGE, JJ., joined. KETHLEDGE, J. (pp. 590-92), delivered a separate concurring opinion in which COOK, J., joined.

OPINION

In 2000, the City of Ann Arbor passed an ordinance requiring certain homeowners to undergo structural renovations to their homes to alleviate storm water drainage problems affecting the city and surrounding areas. The City paid or reimbursed the homeowners for the renovations. In 2014, the Appellants...

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