News Categories: Constitutional Law

July 2020

Oakland County Violated Constitution by Keeping Tax Sale Proceeds

County governments that sell properties at auction to satisfy unpaid tax debts commit an unconstitutional taking when they keep the surplus proceeds of those sales beyond the amount of taxes owed. Relying in part on law from 800 years ago, the Michigan Supreme Court issued a ruling on July 17,

May 2020

Federal Courts Issue Rulings on 1st Amendment Rights During COVID-19

Most state governments have responded to COVID-19 with executive orders and laws that restrict the public from certain activities, including religious assembly. Such limitations on activities protected by the First Amendment have resulted in a flurry of lawsuits – at least one that reached the Supreme Court – alleging First

September 2019

Federal Government Sues City of Troy, Michigan for Violation of RLUIPA

The Department of Justice (DOJ) has brought suit against the City of Troy on behalf of a Muslim organization that alleges violations of the Religious Land Use and Institutionalized Persons Act of 2000 (“RLUIPA”). RLUIPA is a federal law that protects the First Amendment rights of religious assemblies of all

June 2019

SCOTUS Allows Takings Claims to Bypass State Courts

On June 21, 2019 the U.S. Supreme Court overturned a 35-year old precedent and held that a private landowner who alleges the government has taken their land without just compensation can immediately sue in federal court. Previously such claims had been directed to state courts under state inverse condemnation claims,

May 2019

Religious Land Use Case Survives Summary Judgement, Heads to Trial

FBMJ client, River of Life Ministries, defeated a motion brought by defendant Clinton Township to have their claims under the Religious Land Use and Institutionalized Persons Act (RLUIPA) dismissed at a hearing in U.S. District Court on May 22. This follows River of Life previously obtaining land use approval and

September 2018

FBMJ Client Prevails in RLUIPA Matter

FBMJ attorneys have been successful in recovering all attorney fees spent by their client, River of Life Ministries, in securing formerly denied land use approval to operate their church in Macomb County. The fees were incurred as part of their federal lawsuit, Dorman et al v Clinton Township, alleging violations

March 2018

Sarah Tupica Berard Joins Foley, Baron, Metzger & Juip, PLLC

Foley, Baron, Metzger & Juip, PLLC (FBMJ) is pleased to announce that Sarah Tupica Berard has joined the firm as an Associate Principal attorney. Clyde M. Metzger, Managing Member, made the announcement. In her new position, Berard will join the Healthcare Law practice group representing physicians, nurses, physician groups, healthcare institutions, hospitals,

May 2016

Practitioners Beware: Loose Lips Should Be Zipped!

A split panel of the Michigan Court of Appeals held that improper disclosure of a diagnosis to the patient’s wife constituted ordinary negligence. (William Brandon v. Denise L. Handelsman, D.O. 2/23/16-Unpublished) While unpublished decisions are only binding on the case in which it was decided and have no precedential value

December 2015

FBMJ Successful in Appeal for Reversal of Denied Motion for Summary Disposition

FBMJ attorneys Judith Sherman and Carole Empey recently returned a victory for client Oakwood Healthcare at the Michigan Court of Appeals (COA) in Janice Brown vs. Oakwood Healthcare Inc. The central issue on appeal was whether the Trial Court erred in denying Oakwood’s motion for summary disposition because it was not