By Peter H. Webster, Dickinson Wright, PLLC and Jason C. Long, Williams Williams Rattner & Plunkett, PC
In Gym 24/7 Fitness, LLC v. State of Michigan, Docket No. 35148 (March 31, 2022), the Court of Appeals held that there was no taking, and the Gym was not entitled to just compensation under either the United States or Michigan constitutions, when the State exercised its police power to close the Gym for 6 months during the COVID pandemic pursuant to the Governor’s Executive Orders (EOs). There was no regulatory taking because the Gym was not deprived of all economically productive or beneficial use as a result of the EOs and the regulation did not meet the factors to establish a taking under Penn Central Transportation Co v New York City, 438 US 104 (1978).
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