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Anderson v. Hamburg Township

United States District Court, E.D. Michigan, Southern Division

October 4, 2016

CRAIG ANDERSON, Plaintiff
v.
HAMBURG TOWNSHIP, Defendant

          CRAIG ANDERSON (P28968) Plaintiff, In Pro Per

          JOHNSON, ROSATI, SCHULTZ & JOPPICH, P.C. TIMOTHY S. WILHELM (P67675) Attorneys for Defendant

          CONSENT JUDGMENT

          HONORABLE ROBERT H. CLELAND UNITED STATES DISTRICT COURT JUDGE

         Upon Stipulation and Consent of the Parties to the above-captioned case, this Court finds:

         A. Plaintiff Craig Anderson ("Plaintiff") is the owner and occupant of the parcel of real property located at 5320 Edgelake Road, Pinckney, Michigan (Tax Parcel ID 15-27-101-001)("Property"), more fully described in the attached

         Exhibit A.

         B. Hamburg Township is a general law township and Michigan municipal corporation ("Township") organized and existing pursuant to and in accordance with the laws of the State of Michigan and having its offices located at 10405 Merrill Road, Hamburg, Michigan, 48189.

         C. Pursuant to the Michigan Zoning Enabling Act, the Township has duly adopted a Zoning Ordinance which has been amended from time to time.

         D. In 2013, Plaintiff demolished an existing shed located on the Property and constructed a new shed without a land use permit.

         E. In 2013, then again in 2015, Defendant Township notified Plaintiff that a land use permit and/or a variance for the shed was required.

         F. On December 9, 2015, Plaintiff submitted an application for a variance, and on January 13, 2015, the Township Zoning Board of Appeals ("ZBA") denied Plaintiff's request for a variance.

         G. On February 11, 2016, Plaintiff filed his Complaint and Demand for Jury Trial in Livingston County Circuit Court alleging that the Township's actions relating to his shed violated his procedural and substantive due process rights under the Michigan and United States Constitutions and seeking money damages and injunctive and declaratory relief.

         H. The Township removed the case to federal court and filed its Answer and Affirmative Defenses denying the allegations in Plaintiff's Complaint and denying that Plaintiff was entitled to any relief.

         I. The parties now desire to settle this lawsuit in accordance with the terms and conditions of this Consent Judgment and to avoid further costs and expenses and the uncertainty of a trial and an appeal ...


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