Paragon Properties v City of Novi
452 Mich 568 (1996)
Issue: Ripeness of review of zoning decision
Paragon sued for damages in circuit court,
Why did the LDF get involved?
What action did the LDF take?
What was the outcome?
According to the Court, although the police power allows the government to regulate land use, the Fifth Amendment requires that compensation be paid if a government regulation unreasonably shifts social costs to an individual. A challenge to the validity of a zoning ordinance as applied is subject to the rule of finality, requiring that a landowner who challenges the constitutionality of a zoning ordinance obtain a final decision from which an actual and concrete injury can be determined and pursue a state inverse condemnation claim before the claim will mature. The request was not a final decision because, absent a request for a variance, there was no information regarding the potential uses of the property that might have been permitted, nor information regarding the extent of the injury Paragon may have suffered.
Who prepared the amicus brief?