September 2022

An informative e-newsletter for the Real Property Law Section of the State Bar of Michigan.

Michigan Court of Appeals Allows Government COVID Health Orders and Finds No Unconstitutional Regula

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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The views and opinions expressed in these articles are those of the authors, and they do not reflect in any way the positions of the State Bar of Michigan or the Real Property Law Section. These columns are meant for informational purposes only and should not be construed as legal advice. IRS Circular 230 Disclosure: To ensure compliance with requirements imposed by the Internal Revenue Service, we inform you that any U.S. federal tax advice contained in this communication (including any attachments) was not intended or written to be used, and cannot be used, by any person for the purpose of (i) avoiding tax-related penalties or (ii) promoting, marketing, or recommending to another person any transaction or matter addressed in this communication.