CITY OF YPSILANTI V FIRST PRESBYTERIAN CHURCH

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STATE OF MICHIGAN COURT OF APPEALS CITY OF YPSILANTI, UNPUBLISHED Plaintiff-Counterdefendant-Appellee, v No. 191379 Washtenaw Circuit Court LC No. 94-002253-CZ FIRST PRESBYTERIAN CHURCH, Defendant-Counterplaintiff-Appellant, and JANE SCHMIEDEKE, formerly known as JANE BIRD, YPSILANTI HERITAGE FOUNDATION, YPSILANTI HISTORICAL COMMISSION, and FRIENDS OF THE TOWNER HOUSE CHILDREN’S MUSEUM, Counterdefendants-Appellees. Before: MacKenzie, P.J., and Sawyer and Neff, JJ. SAWYER, J. (concurring). I write separately to express my opinion that this case should be treated as a taking and defendant should prevail. However, I feel constrained by existing precedent to agree with the resolution reached by the majority. Specifically, although the United Stated Supreme Court has moved towards upholding property rights since its decision in Penn Central Transportation Co v New York City, 438 US 104, 138; 98 S Ct 2646; 57 L Ed 2d 631 (1978), because Penn Central directly dealt with historical landmarks, I reluctantly agree with the majority that Penn Central controls the outcome of this case in favor of plaintiff. I would, however, encourage defendant to further pursue its appellate remedies and hopefully it will ultimately obtain a favorable result from the Supreme Court. /s/ David H. Sawyer -1

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