Julie A. Tamm and Rosannea M. Przybylski v. Milan Nerad

Grand Rapids, Michigan personal injury lawyer represented the Plaintiff who sued Count I—First Amendment Retaliation (42 U.S.C. § 1983) (official and personal capacity); Count II—Llewellyn Preemption (state-law claim); Count III— Reasonableness Challenge – Square Lake (state-law claim); Count IV—Selective Enforcement Equal Protection) (§ 1983) (official and personal capacity); Count V—Fifth/Fourteenth Amendments Takings (§ 1983) (official capacity only); and Count VI—Inverse Condemnation (Mich. Const. art. 10, § 2 / U.S. Const. amend. V).



Julie Tamm and Roseanna Przybylski own a home in Lincoln Township near Diamond Lake, where they have enjoyed using their seasonal boat dock during the warmer months in Michigan for many years. But they have run into trouble with the Zoning

Administrator for Lincoln Township, Milan Nerad, because of some of their historical practices involving the dock. Nerad issued Plaintiffs citations for the placement of their dock in 2023 under two township ordinances. Tamm and Przybylski then filed suit, alleging that Nerad issued the citations to retaliate against them for filing a previous lawsuit, in which they challenged the township's ordinances regulating residents' uses of the lake and shoreline. Their complaint in this case seeks declaratory relief on state preemption grounds and claims various constitutional and civil rights violations under both federal and state law.

Affirmed in part and reversed in part.