No. 25-366

Lathfield Investments, LLC, et al. v. City of Lathrup Village, Michigan

Lower Court: Sixth Circuit
Docketed: 2025-09-29
Status: Denied
Type: Paid
Response Waived
Tags: circuit-split constitutional-law contracts-clause lease-licensing property-rights section-1983
Key Terms:
SocialSecurity
Latest Conference: 2025-11-07
Question Presented (AI Summary)

Whether 42 U.S.C. § 1983 provides a cause of action for a Contracts Clause claim

Question Presented (OCR Extract)

The City of Lathrup Village, Michigan, prohibits leasing commercial property without a license. But the City will not issue a license unless the property owner first discloses the names of prospective tenants and a description of the tenants’ principal business activity. Petitioners omitted this information in a license application to comply with a nondisclosure provision in its lease agreements, were denied a license, and are therefore prohibited from renting their property. They sued under 42 U.S.C. § 1983, challenging the disclosure requirement as an unconstitutional “Law impairing the Obligation of Contracts.” U.S. Const. art. I, § 10. The Sixth Circuit, joining the Fourth, held that “an alleged Contracts Clause violation cannot give rise to a cause of action under § 1983.” App. 37a. In contrast, the Second, Third, Eighth, and Ninth circuits have concluded either expressly or implicitly that a Contracts Clause claim may be brought under Section 1983. The question presented is: Whether 42 U.S.C. § 1983 provides a cause of action for a Contracts Clause claim.

Docket Entries

2025-11-10
Petition DENIED.
2025-10-08
DISTRIBUTED for Conference of 11/7/2025.
2025-10-01
Waiver of right of respondent City of Lathrup Village to respond filed.
2025-09-25
Petition for a writ of certiorari filed. (Response due October 29, 2025)
2025-06-12
Application (24A1223) granted by Justice Kavanaugh extending the time to file until September 25, 2025.
2025-06-10
Application (24A1223) to extend the time to file a petition for a writ of certiorari from July 27, 2025 to September 25, 2025, submitted to Justice Kavanaugh.

Attorneys

City of Lathrup Village
Christian Charles HuffmanGaran Lucow Miller, P.C., Respondent
Lathfield Investments, LLC, et al.
Kathryn Daly ValoisPacific Legal Foundation, Petitioner