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Beier Howlett successfully defended two civil rights actions against the City of Birmingham. Both suits were brought under 42 U.S.C. § 1983, which provides a civil action for damages against a municipality for deprivation of civil rights.

The first, Darakjian v. City of Birmingham, was brought by a real estate development firm (and its sole member) after the City rejected their bid for the City’s proposal to redevelop a parcel of City property. The court supported the City’s position that both the real estate development firm and its sole member lacked standing to sue. Not only was the case dismissed, but Beier Howlett obtained $40,000.00 in attorney fees to be reimbursed to the City.

In Schneider v. City of Birmingham, plaintiff brought a due process claim associated with his alleged interest in a cemetery deed. The court granted the City’s motion to dismiss and found that plaintiff had no property rights associated with the cemetery deed. Beier Howlett obtained $11,000.00 in attorney fees to be reimbursed to the City.

Beier Howlett attorneys Jeffrey Haynes, Timothy Currier, and Jane Awdish contributed to these successful outcomes.

Written by Jane Awdish

City of Birmingham, Michigan

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