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No. 132018
| Houdini Properties, LLC, |
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Jeffrey R. Dobson, Jr. |
Plaintiff-Appellant, |
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(Appeal from Ct of Appeals) |
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(Wayne - Drain, G.) |
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| City of Romulus, |
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Julie McCann O'Connor |
| Defendant-Appellee. |
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| __________________________________________ |
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Click to view briefs in Adobe format:
Plaintiff-Appellant's Application for Leave to Appeal>>
Plaintiff-Appellant's Reply Brief>>
Plaintiff-Appellant's Supplemental Brief>>
Plaintiff-Appellant's Second Supplemental Brief>>
Defendant-Appellee's Brief in Opposition to Application for Leave to Appeal>>
Defendant-Appellee's Supplemental Brief>>
Michigan Municipal League and Public Corporation Law Section's Amici Curiae Brief>>
State Bar of Michigan Appellate Practice Section's Amicus Curiae Brief>>
Background
Houdini Properties, LLC’s owns a small parcel of land, near I-94, that is unsuitable for residential building or any other purpose permitted under the city of Romulus’s current zoning. Houdini sought a billboard variance, which the city denied. Houdini appealed the city’s denial of the variance to the circuit court and, six weeks later, filed a lawsuit in the same court, alleging a taking claim and other constitutional claims against the city. In general, a taking claim alleges that the government has deprived an owner of private property, or devalued the property, without just compensation. The circuit court affirmed the city’s variance denial and also, on the city’s motion, dismissed the complaint alleging taking and other constitutional claims. Houdini violated the compulsory joinder rule of MCR 2.203(A) by failing to include its taking and other claims in the “pleading” it filed in its appeal of the variance denial, the court said. Moreover, Houdini’s constitutional claims, because of the circuit court’s variance ruling, were barred by the legal doctrine of res judicata, the circuit court said. Res judiciata provides that once an issue has been litigated and ruled on by a trial court, another court cannot revisit the issue. Houdini appealed. In an unpublished opinion, the Court of Appeals affirmed the lower court. Houdini appeals.
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