Moore v. City of Detroit

406 N.W.2d 488 (1987)

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Moore v. City of Detroit

Court of Appeals of Michigan
406 N.W.2d 488 (1987)

Facts

Moore (plaintiff) challenged an ordinance passed by the City of Detroit (defendant) that allowed private citizens to enter, occupy, and repair vacant, blighted homes declared as public nuisances because of the homes’ severe detrimental impact on public health and safety. This type of nuisance-abatement contract was an alternative to the government demolishing the building or repairing the building by contracting with a third party who would not have the right to occupy the building after the repairs. The ordinance required the owners of the blighted property to be notified at every step of the proceeding and to be provided with opportunities to assert ownership and terminate the nuisance-abatement contract. Moore challenged the ordinance as an exercise of eminent domain, arguing that the ordinance confiscated private property for a public purpose. Moore argued that, as an exercise of eminent domain and not the police power, the ordinance violated due process by not providing for just compensation of the property owners. The trial court found in favor of Detroit, and Moore appealed. The court of appeals declined to consider the due-process challenge and affirmed. The United States Supreme Court remanded the case to the court of appeals to consider the due-process challenge.

Rule of Law

Issue

Holding and Reasoning (Kelly, J.)

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