Western Michigan Federal Courts
Posts Categorized Public Sector/Municipal
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UPDATE: Fannie Mae, Freddie Mac, and the FHFA are Exempt from Real Estate Transfer Taxes
May 30, 2013In County of Oakland v. Federal Housing Finance Agency, the Sixth Circuit published an opinion clarifying that Fannie Mae, Freddie Mac, and the Federal Housing & Finance Agency ("FHFA") are exempt from all taxation, which includes state and county real estate transfer taxes. This was an important decision because many counties throughout the nation have been suing, or contemplating suing, these entities for similar violations of other states' laws.
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Deaf Lifeguard Might be Qualified to Notice Emergency Signs for Help
February 5, 2013Would you feel comfortable with your kids swimming in a pool with a deaf lifeguard on watch? Could a deaf lifeguard notice your distressed child's cry for help? While these questions pose some serious personal judgments that a parent must make, in Keith v. County of Oakland,, the Sixth Circuit, in a recent published opinion, held that a jury should decide whether the plaintiff, Nicholas Keith, a deaf individual, is otherwise qualified to be a lifeguard at Oakland County, Michigan's wave pool with or without an accommodation for his disability.
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Sixth Circuit Strikes Down Michigan Affirmative Ban As Unconstitutional
November 19, 2012In Coalition to Defend Affirmative Action, Integration and Immigrant Rights and Fight for Equality By Any Means Necessary v Regents of the University of Michigan (6th. Cir. Nov. 16, 2012), the United States Court of Appeals for the Sixth Circuit, in an en banc decision decided on an 8-7 basis, held that the provision in Michigan's Constitution prohibiting public colleges and universities from discriminating against, or granting preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin was unconstitutional.
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District Court Rejects “Novel Theory” that Transfer to a Position to Which the Employee Was Not Qualified Constitutes an Adverse Employment Action
October 2, 2012In DeLeon v. Kalamazoo County Road Commission, Case No. 1:11-cv-539, Plaintiffs brought a variety of discrimination claims, including race, national origin, and age discrimination claims under federal law, against the Kalamazoo County Road Commission. By order dated September 18, 2012, Chief Judge Paul L. Maloney granted summary judgment in favor of the defendants on all claims.
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Restrictions on Digital Billboards Are Valid Under the First Amendment
September 24, 2012A municipal zoning ordinance that restricts the placement of digital billboards does not violate an advertiser's right to free speech, according to a recent decision by the U.S. District Court for the Western District of Michigan in Hucul Advertising, LLC v. Charter Township of Gaines, No. 1:11-cv-682 (Bell, J.). The lawsuit follows an earlier, unsuccessful lawsuit by Hucul against the Township.
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