Attorneys Matt Cross and Greg Grant Obtain Property Dispute Dismissal for Michigan County

In a recent matter, Attorneys Matt Cross and Greg Grant successfully obtained dismissal of a property dispute that centered on the conveyance of a county-owned park to a neighboring township. The plaintiffs, who resided on property bordering the park, argued that the county violated their right to due process by conveying the property in the manner they did. In their depositions, the plaintiffs acknowledged that their opposition was communicated to the county commissioners. They also admitted that they were aware they could attend county meetings and make public comment.

Attorney Cross and Attorney Grant filed a motion for summary judgment, arguing that plaintiffs did not suffer any injury, and they had adequate notice and opportunity to be heard regarding the transfer of the park to the township. The United States District Court for the Western District of Michigan granted summary judgment, noting that “[t]he record, taken as a whole, could not lead a rational trier of fact to find for Plaintiffs on their due process claim.” Although the plaintiffs also raised claims under state law, the federal court declined to exercise jurisdiction over those claims, dismissing them without prejudice.

Matthew Cross is a partner in the Firm’s Traverse City office where he focuses his practice on municipal law, zoning and land use, law enforcement defense and litigation, insurance defense, and general litigation. He has experience handling employment law, personal injury defense, marijuana licensing litigation, civil rights litigation, constitutional litigation, and other municipal issues. He may be reached in our Traverse City office at (231) 922-1888 or mcross@cmda-law.com.

Gregory Grant is a partner in our Traverse City office where he focuses his practice on municipal law, employment and labor law, insurance defense, and litigation. He has extensive litigation experience in the areas of employment and labor law, police liability, first amendment law, due process, Open Meetings Act (OMA) and Freedom of Information Act (FOIA) and has earned dismissals in each of these areas. He may be reached in our Traverse City office at (231) 922-1888 or ggrant@cmda-law.com.