Rondigo, L.L.C. v. Township of Richmond, Michigan, 032813 FED6, 12-1515

Docket Nº:12-1515
Opinion Judge:KETHLEDGE, Circuit Judge.
Party Name:RONDIGO, L.L.C.; DOLORES MICHAELS, aka Nicolina A. Michaels; and RENEE MICHAELS, Plaintiffs/Appellants, v. TOWNSHIP OF RICHMOND, MICHIGAN, et al., Defendants/Appellees.
Judge Panel:Before: GIBBONS, KETHLEDGE, and STRANCH, Circuit Judges.
Case Date:March 28, 2013
Court:United States Courts of Appeals, Court of Appeals for the Sixth Circuit
 
FREE EXCERPT

RONDIGO, L.L.C.; DOLORES MICHAELS, aka Nicolina A. Michaels; and RENEE MICHAELS, Plaintiffs/Appellants,

v.

TOWNSHIP OF RICHMOND, MICHIGAN, et al., Defendants/Appellees.

No. 12-1515

United States Court of Appeals, Sixth Circuit

March 28, 2013

NOT RECOMMENDED FOR FULL-TEXT PUBLICATION

ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN

Before: GIBBONS, KETHLEDGE, and STRANCH, Circuit Judges.

KETHLEDGE, Circuit Judge.

Rondigo, LLC, Dolores Michaels, and Renee Michaels allege in this suit that state and local authorities in Michigan, along with private citizens, conspired to prevent the plaintiffs from composting on their farm and violated their constitutional rights in the process. The district court dismissed the complaint. We affirm.

I.

Rondigo, LLC is a Michigan limited liability company owned bye Dolores Michaels and operating in Macomb County. Since 2004, Rondigo and Michaels have operated a farm in Richmond Township. In February 2006, the plaintiffs began composting on the farm and started constructing a driveway that would facilitate composting. Gordon Furstenau, the Supervisor for the Richmond Township, issued a stop-work order. In addition, the Township filed suit in state court to enjoin the driveway's construction, asserting that it violated several zoning ordinances. The state court issued a temporary injunction barring construction while the suit was pending.

Thereafter, the Michigan Department of Agriculture received complaints from the plaintiffs' neighbors about the farm's odor. The Department inspected the farm in October 2006 and informed the plaintiffs that they needed to submit a compost operations plan by December 2006. In January 2007, the Department inspected the farm again and found that the plaintiffs were stockpiling leaves. The Department advised the plaintiffs to remove the piles because runoff from the leaves could negatively impact the area's groundwater. But the plaintiffs did not remove the leaves, allegedly because they could not do so without first constructing the driveway.

In April 2007, the Department sent another letter saying that it would refer the matter to the Michigan Department of Environmental Quality if the plaintiffs did not remove the leaves. The plaintiffs then filed an emergency motion with the state court to lift the temporary injunction. The court granted...

To continue reading

FREE SIGN UP