Republic Building Co., Inc. v. Charter Township of Clinton, Michigan, No. 22-1950 (6th Cir. 2023)
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In 1999, the plaintiffs sought to develop condominiums but needed rezoning approval from the Charter Township of Clinton. After a protracted dispute, the plaintiffs sued the Township in Michigan state court. That court entered a consent judgment that dictated the conditions for rezoning the property and completing the project. Years later, after experiencing several setbacks, the plaintiffs sought to amend the consent judgment, but the Township refused.
The plaintiffs then filed suit in federal court, alleging several constitutional violations and a breach-of-contract claim. The Sixth Circuit affirmed the dismissal of the suit. The consent judgment contains a “retaining-jurisdiction” provision providing Macomb County Circuit Court jurisdiction over its interpretation and enforcement. A separate lawsuit filed in federal district court would constitute a collateral attack on the consent judgment, requiring the district court in some way to interpret or enforce it. All of plaintiffs’ alleged constitutional violations stem from the Township’s alleged refusal to “honor its obligations under the Consent Judgment to allow plaintiffs to develop the Subject Property.”
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