OPV Partners, LLC v. City of Lansing, Mich.
24-2035
| 6th Cir. | Jul 9, 2025Background
- OPV Partners, LLC owned the Autumn Ridge Apartments in Lansing, Michigan from 2014 to 2024, operating as a residential landlord.
- Lansing ordinances required OPV to obtain and renew a certificate of compliance every two years to rent units; certificates were denied when code violations were found post-2019.
- OPV and Lansing previously settled related litigation in 2022, agreeing on a process for code compliance, appeals, and that compliance certificates "shall not be unreasonably withheld."
- OPV twice attempted to appeal code violation notices but failed to pay required appeal fees, so appeals were not heard and certificates were denied, ultimately resulting in tagging of units, restricting rental and advising tenants to move out or withhold rent.
- OPV sued Lansing and two officials in federal court, alleging Fourteenth Amendment due-process and Fifth Amendment takings violations, as well as breach of the prior settlement; the district court dismissed all claims and declined supplemental jurisdiction over the state law claim.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Procedural Due Process | Lansing refused to hear OPV’s appeals, denying due process | OPV failed to follow procedures by not paying fees | OPV did not state a claim; no denial |
| Substantive Due Process | Lansing’s actions were arbitrary and capricious | City’s enforcement consistent with ordinances | No egregious conduct; claim fails |
| Takings (Fifth Amendment) | Denial of certificates/property rights without compensation | OPV forfeited claim by not using proper appeal process | OPV forfeited; no taking stated |
| Qualified Immunity (for officials) | Officials violated constitutional rights | No violation; immunity applies | Not decided; no underlying violation |
Key Cases Cited
- Mullane v. Cent. Hanover Bank & Tr. Co., 339 U.S. 306 (1950) (government must provide opportunity for hearing before deprivation of property)
- Parratt v. Taylor, 451 U.S. 527 (1981) (no due process violation when adequate state procedure available and not used)
- Pearson v. City of Grand Blanc, 961 F.2d 1211 (6th Cir. 1992) (substantive due process requires egregious, conscience-shocking conduct)
- Pearson v. Callahan, 555 U.S. 223 (2009) (qualified immunity analysis may skip to qualified immunity if no constitutional violation found)