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BARBER v. CHARTER TWP. OF SPRINGFIELD, MICHIGAN

No. 20-2297.

31 F.4th 382 (2022)

Blanche BARBER, individually, and a class of similarly situated individuals, Plaintiff-Appellant, v. CHARTER TOWNSHIP OF SPRINGFIELD, MICHIGAN; Charter Township of Springfield, Michigan Parks and Recreation; Oakland County, Michigan; Oakland County Parks and Recreation Commission, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 11, 2022.

Attorney(s) appearing for the Case

ARGUED: Ann Marie Pervan , KELLER & AVADENKA, P.C., Bloomfield Hills, Michigan, for Appellant. Jeffrey C. Gerish , PLUNKETT COONEY, Bloomfield Hills, Michigan, for Springfield Township Appellees. Daniel A Klemptner , OAKLAND COUNTY, Pontiac, Michigan, for Oakland County Appellees. ON BRIEF: Ann Marie Pervan , KELLER & AVADENKA, P.C., Bloomfield Hills, Michigan, for Appellant. Jeffrey C. Gerish , PLUNKETT COONEY, Bloomfield Hills, Michigan, for Springfield Township Appellees. Daniel A Klemptner , OAKLAND COUNTY, Pontiac, Michigan, for Oakland County Appellees.

CLAY, J., delivered the opinion of the court in which MOORE, J., joined. READLER, J. (pp. 393-96), delivered a separate dissenting opinion.

OPINION

Plaintiff Blanche Barber seeks a preliminary injunction against Defendants Charter Township of Springfield (the "Township"), Oakland County (the "County"), and both the Township and the County's Parks and Recreation departments (collectively, "Defendants"), to prevent Defendants from removing a dam near Barber...

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