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Sean Fosmire Obtains Federal Court Dismissal for U.P. Township Following State Court Trial and Appeal Victories

August, 2017

M. Fosmire

Sean Fosmire, of the Kitch Marquette, Michigan office, was granted dismissal by summary judgment in a Section 1983 Civil Rights action filed in the U.S. District Court, Western District, Northern Division, on res judicata (case had previously been decided) and Monell (limitation on municipal liability in violations of federal rights) grounds. Clark Township, was sued by a resident relating to the enforcement of a zoning ordinance restricting short-term rentals of high-end recreational property in Cedarville. The plaintiffs had previously sued on related grounds in state court and had lost at both the trial level and before the Court of Appeals. 

Mr. Fosmire has been an attorney for over thirty years with particularly wide ranging areas of service to his clients in general civil litigation with emphasis on medical and legal professional liability, no-fault automobile coverage, complex litigation, insurance coverage, environmental, and title insurance defense. Other areas of practice include probate, estate planning, real estate, and general business matters.  He received a B.A. in Political Philosophy from James Madison College, Michigan State University, in 1976 and a J.D. from Washington College of Law, American University in May 1980. He was admitted to practice in Michigan in December 1980 and has been admitted to practice in the U.S. District Court for the Eastern District of Michigan (1981) and the Western District (1985), the Sixth Circuit Court of Appeals, and the U.S. Court of Federal Claims.