Justia Construction Law Opinion SummariesArticles Posted in US Court of Appeals for the Sixth Circuit
Golf Village North, LLC v. City of Powell, Ohio
The Sixth Circuit affirmed the order of the district court granting summary judgment in favor of the City of Powell, Ohio and dismissing Golf Village North LLC's claims brought under 28 U.S.C. 1983 for violating its procedural and substantive due process rights, holding that there was no error.Golf Village, a developer, sought to build a "residential hotel" on its property in Powell, Ohio but never filed the required zoning application. Instead, Golf Village requested that the City confirm the residential hotel was a permitted use of the property. The City directed Golf Village to file an appropriate application for "zoning Certificate approval" to receive an answer. Rather than reply, Golf Village sued the City. The district court granted summary judgment for the City. The Sixth Circuit affirmed, holding that Golf Village's procedural due process and substantive due process rights were not violated in this case. View "Golf Village North, LLC v. City of Powell, Ohio" on Justia Law
Leone v. BMI Refractory Services., Inc.
Leone’s employer used a degasser, a large vat lined with brick, to extract gas impurities from molten steel. The degasser’s components include an alloy chute near the top of the vat. The employer hired BMI to “tearout” the degasser’s deteriorated face brick. Although the contract did not include any work on the alloy chute, a BMI employee testified that his team would dislodge loose material from the chute to ensure that nothing could fall. He did not notice any loose slag on the chute. After BMI finished, his employer assigned Leone to reline the degasser. Leone and his crew frequently climbed ladders near the alloy chute. They never spotted any loose slag on the chute but, 21 days after BMI completed its one-day job, a 40-pound piece of slag fell and struck Leone. Leone sued, claiming that the slag detached from the alloy chute. Because no molten metal could have created new slag, the court concluded that the slag must have existed when BMI finished but that BMI owed Leone no duty of care under Michigan law. The Sixth Circuit reversed. The district court interpreted Michigan law too narrowly. Although a contractor’s creation of a new hazard can trigger a duty to third parties, that is not the only way that such a duty might arise. A contractor can be liable to a third party if “any legal duty independent of the contract existed,” including by voluntary assumption of a duty. View "Leone v. BMI Refractory Services., Inc." on Justia Law