Stephen Serkaian, et al. v. White Lake Fire Authority, et al.

Summary

The court addresses a motion to dismiss claims arising from the enforcement of fire-suppression-system requirements for residential construction in Fruitland Township, Michigan. It dismisses the plaintiffs’ Michigan constitutional equal protection and due process claims against Fruitland Township, as well as their federal constitutional claims against Township Supervisor Jeff Marcinkowski. The court denies dismissal of the plaintiffs’ three claims for declaratory relief concerning preemption, enforcement authority, and the absence of a municipal construction board of appeals.

Holdings

1. The plaintiffs plausibly alleged an actual controversy and therefore had standing to pursue their three declaratory-relief claims against Fruitland Township. The court denied the motion to dismiss those claims.
2. The Serkaians failed to state a class-of-one equal-protection claim because they did not plead facts showing that the allegedly comparable homes were similarly situated in all relevant or material respects.
3. The Serkaians failed to state a substantive-due-process claim because conditioning the zoning permit on a fire-suppression system, even if the condition violated state law, did not plausibly constitute conduct that shocked the conscience.
4. The Serkaians failed to state a procedural-due-process claim because meaningful avenues of review were available before they were permanently deprived of the asserted property interest, including review by the zoning board of appeals and construction-code appeal mechanisms.
5. The Serkaians failed to state equal-protection or due-process claims under 42 U.S.C. § 1983 against Marcinkowski because they did not allege his personal involvement or a causal connection to the alleged constitutional violations.

Questions Presented

1. Whether the plaintiffs had standing and a legal basis to seek declaratory relief concerning the fire-suppression requirement, the White Lake Fire Authority's authority to enforce it, and Fruitland Township's failure to establish a construction board of appeals.
2. Whether the Serkaians plausibly pleaded a class-of-one equal-protection claim under the Michigan Constitution based on allegedly different treatment from other homes.
3. Whether conditioning the Serkaians' zoning permit on installation of a fire-suppression system plausibly stated a substantive due-process claim under the Michigan Constitution.
4. Whether the Serkaians plausibly pleaded a procedural due-process claim based on their alleged property interest in money spent on the fire-suppression system and the asserted lack of a municipal construction board of appeals.
5. Whether the Serkaians plausibly pleaded claims under 42 U.S.C. § 1983 against Township Supervisor Jeff Marcinkowski based on his alleged supervisory role and limited alleged involvement.

Disposition

other