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Constitutional Law

U.S. Supreme Court Upholds Takings Claim for Land Use Applicant

  • June 26, 2013
  • by Admin

In an opinion announced Tuesday, the U.S. Supreme Court found that a landowner had a valid takings claim based upon the government’s refusal to grant a land use permit unless the applicant made a disproportionate cash payment to the permitting agency. In Koontz v. St. […]

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Law that Restricts Protests Outside Churches Upheld as Constitutional

  • April 22, 2013
  • by Admin

A federal court in Missouri last week upheld a state statute that restricted when and where protesters could demonstrate in the areas immediately surrounding houses of worship. In an opinion dated April 19, Senior Judge E. Richard Webber of the U.S. District Court for the […]

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Sixth Circuit: Michigan Church Can Sue Over Police Threats Surrounding Church’s Loud Music

  • April 16, 2013
  • by Admin

Last week, the Sixth Circuit reversed a decision from the Eastern District of Michigan which held that a church lacked standing to challenge police investigations into complaints about noise violations from the church during services, concerts and rehearsals. In Faith Baptist Church v. Waterford Township, […]

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Same-Sex Marriage Cases Before Supreme Court This Week

  • March 25, 2013
  • by Admin

This week promises to drive much attention to the U.S. Supreme Court, as the nine justices will hear oral arguments Tuesday and Wednesday on a pair of same-sex marriage cases that have drawn the eyes and ears of legal observers across the country. On Tuesday, […]

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Domino’s Founder Granted Injunction to Avoid Providing Contraceptive Coverage

  • March 18, 2013
  • by Admin

Last week, Judge Lawrence Zatkoff of the Eastern District of Michigan ruled in favor of Domino’s Pizza founder Tom Monaghan and his secular property management company, Domino’s Farms Corporation, and blocked the enforcement of the Obama administration’s Patient Protection and Affordable Care Act (“ACA”). Monaghan […]

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Sixth Circuit Reverses Verdict for Property Owner Against City of Frankenmuth

  • September 11, 2012
  • by Admin

The Sixth Circuit Court of Appeals ruled recently that the City of Frankenmuth did not violate the constitutional rights of a property owner who was trying to sell property to Walmart before the City intentionally wrote an ordinance that excluded large businesses. In Loesel v. […]

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Sixth Circuit Court of Appeals Publishes New First Amendment Retaliation Case

  • May 24, 2012
  • by Admin

The Sixth Circuit Court of Appeals held this week that subordinate and superior employees alike can be held liable for First Amendment Retaliation if their actions work to implement the retaliatory adverse action. In King v. Zamiara, the Court reversed a grant of summary judgment […]

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Federal Court Holds Michigan Administrative Hearings Bureaus are Constitutional

  • April 13, 2012
  • by Admin

The Sixth Circuit Court of Appeals, in a decision announced this morning, has upheld the constitutionality of Administrative Hearings Bureaus that many Michigan cities and townships use to collect fines for municipal violations. David Klein and All Brothers Investment, LLC, brought suit against the City […]

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“Joe the Plumber” Loses First Amendment Retaliation Suit

  • March 28, 2012
  • by Admin

Remember Joe Wurzelbacher? Probably not, but you might recall him by his better known nickname, Joe the Plumber. Wurzelbacher, of Toledo, Ohio, initially won fame after a campaign trail discussion in Ohio with then-presidential candidate Barack Obama in October 2008. When Wurzelbacher questioned Obama on […]

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U.S. Supreme Court Rules Church Cannot Be Sued Over Employee Discrimination Claim

  • January 11, 2012
  • by Daniel P. Dalton

Alliance Defense Fund’s Bryan Beauman, reports the Supreme Court announced its unanimous decision in Hosanna-Tabor v. EEOC. This case concerns the “ministerial exception” to an employment claim. In this case, a teacher at a Lutheran school in Redford Twp., Michigan, was terminated and then filed […]

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