Mockeridge v. Alcona Cnty.

696 F.Supp.3d 303

Michael J. MOCKERIDGE and Susan J. Mockeridge, Plaintiffs, v. ALCONA COUNTY, BY its BOARD OF COMMISSIONERS, et al., Defendants.

Case No. 1:21-cv-12896

United States District Court, E.D. Michigan, Northern Division

Signed September 29, 2023

Philip L. Ellison, Outside Legal Counsel PLC, Hemlock, MI, for Plaintiffs.

Ashley Yuill, Katelyn D. Crysler, Warner Norcross & Judd LLP, Detroit, MI, Matthew T. Nelson, Thomas M. Amon, Warner Norcross & Judd LLP, Grand Rapids, MI, Sean Michael Freel, Freel Profressional Corp, Tawas City, MI, for Defendants Harry Harvey, David Schmidt.

Allan C. Vander Laan, Kristen Lee Rewa, Meigs M. Day, Cummings McClorey Davis & Acho, Grand Rapids, MI, for Defendant County of ALCona.

Daniel Zick, Thomas R. Meagher, Foster, Swift, Collins & Smith, P.C., Lansing, MI, for Defendants Kenneth Gibson, Township of Caledonia.

William Jay Brown, Brown Law PLC, Midland, MI, William P. Slough, Kirkpatrick, Slough, Duitsman-Coy & Mott, PLC, Gaylord, MI, for Defendant Keith Krentz.

OPINION AND ORDER (1) OVERRULING AND SUSTAINING PLAINTIFFs' OBJECTIONS TO MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION, (2) OVERRULING DEFENDANTS GIBSON AND CALEDONIA TOWNSHIP'S OBJECTION TO MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION, (3) ADOPTING MAGISTRATE JUDGE'S ORDER IN PART, (4) GRANTING PLAINTIFFs' MOTION FOR PARTIAL SUMMARY JUDGMENT IN PART, (5) GRANTING DEFENDANT KRENTZ'S MOTION FOR PARTIAL SUMMARY JUDGMENT, (6) GRANTING DEFENDANT ALCONA COUNTY'S MOTION FOR SUMMARY JUDGMENT, (7) GRANTING DEFENDANTS HARVEY AND SCHMIDT'S MOTION FOR SUMMARY JUDGMENT IN PART, (8) GRANTING DEFENDANTS GIBSON AND CALEDONIA TOWNSHIP'S MOTION FOR SUMMARY JUDGMENT IN PART, AND (9) ADJOURNING SCHEDULING ORDER

THOMAS L. LUDINGTON, United States District Judge.

In 2020, Plaintiffs Michael and Susan Mockeridge began building five "mini-cabins" on their 40-acre wooded property in Northern Michigan to be used primarily as family sleeping quarters. Soon after construction began, neighbors, including Defendant Keith Krentz, started complaining to local government officials about Plaintiffs' property and mini-cabin construction. On June 2, 2021, Defendant Krentz, Defendant Harry Harvey, an Alcona County building official, Defendant David Schmidt, a local health department employee, and Defendant Kenneth Gibson, a Caledonia Township zoning official, entered Plaintiffs property to inspect the mini-cabins. The Defendants did not approach Plaintiffs' mini-cabins using a driveway or a publicly-accessible trail, but instead used the property of Plaintiffs' northern neighbor. After the inspection, on July 14, 2022, Plaintiffs were served with a "Stop Work Order" which demanded they cease construction and operation because Plaintiffs lacked permits, despite Plaintiffs' allegation that they were told by Defendant Harvey years prior that no permits were necessary.

Plaintiffs responded with a twelve-count Complaint against Defendants Harvey, Gibson, Schmidt, Krentz, Alcona County, and Caledonia Township; not to mention three other Defendants who have since been dismissed. Plaintiffs allege violations of the Fourth Amendment, Fourteenth Amendment procedural due process, and Michigan trespass law, as well as a private party conspiracy to violate 42 U.S.C. § 1983 and an "equitable estoppel/vested rights" claim. In total, the Parties filed five motions for summary judgment, which were all referred to Magistrate Judge Patricia T. Morris. After Judge Morris issued a 47-page Report and Recommendation (R&R) addressing the motions, Plaintiffs filed twelve objections to it and Defendants Caledonia Township and Gibson filed an objection, too. The record now spans over 3,000 pages. This Opinion and Order adds another 74. But for the significant time and effort spent on this case by all the Parties and this Court, it is important to note that the central economic dispute concerns, at most, $2,980—the amount it would cost Plaintiffs to simply obtain the permits Defendants claim Plaintiffs need.

This Opinion and Order addresses Plaintiffs' Objections, ECF No. 126, and Defendants Caledonia Township and Gibson's Objection, ECF No. 127, to the Magistrate Judge's R&R, ECF No. 124. Under 28 U.S.C. § 636(b)(1) and Federal Rule of Civil Procedure 72(b)(3), this Court has reviewed de novo the portions of the R&R to which Plaintiffs and these Defendants have objected. For the reasons that follow, this Court finds clear error in the R&R. As a result, Plaintiffs are entitled to summary judgment on their Fourth Amendment claims against Defendants Gibson, Schmidt, and Harvey. Plaintiffs are also entitled to summary judgment on their Michigan trespass claim as to Defendant Krentz. Plaintiffs' Fourth Amendment claim against Defendant Caledonia Township remains outstanding. All other claims will be dismissed, in favor of Defendants.

I.

A.

In September 2020, Plaintiffs, Michael J. Mockeridge and Susan J. Mockeridge, purchased the 40-acre "Skylar Trail Property," for "cabining, hunting, enjoying nature, and family gatherings." ECF Nos. 79 at PageID.778; 86 at PageID.1778. After purchasing the property, Plaintiffs decided to install "mini-cabins" on the site as "sleeping quarters for family members." ECF Nos. 79 at PageID.778-79; 83 at PageID.1033.

It is disputed whether Plaintiffs received verbal "preclearance" that no permits were required before installing their mini-cabins. Plaintiffs claim that Kerry Scott, Office Manager and Soil Erosion Inspector at the Alcona County Building Department, ECF No. 83-1 at PageID.1119, and Defendant Harry Harvey, Alcona County Building Department Building Official, advised that Alcona County did not require permits. ECF Nos. 79 at PageID.779; 83 at PageID.1034-35; 83-31 at PageID.1094. Indeed, Plaintiffs claim Defendant Harvey confirmed that no permits were necessary "at least twice" and that "Michigan Residential Building Code equally reflects the same."¹ ECF No. 79 at PageID.779.

On the other hand, Scott and Defendant Harvey both deny advising Plaintiffs that permits were not required if the mini-cabins were intended to be used as sleeping quarters. ECF Nos. 83 at PageID.1035; 83-3 at PageID.1178; 83-7 at PageID.1247; 103 at PageID.2695; 85-8 at PageID.1640. Further, Defendants Alcona County and Harvey challenge Plaintiffs' assertion that Michael Mockeridge spoke to Defendant Harvey before June 2022 about whether permits were required. ECF No. 83-1 at PageID.1096. Further, Defendant Harvey argues, instead, that Plaintiff Michael Mockeridge "admitted [during his deposition] that he never spoke directly with Harvey until June 2022, after all five cabins were constructed[.]" ECF No. 101 at PageID.2476 (emphasis in original).

Nevertheless, Plaintiffs ordered and erected five fabricated mini-cabins on their property, each less than 200 square feet, contending that they were permitted to do so. See ECF Nos. 23 at PageID.274; 79 at PageID.779-80. The Mockeridge family began sleeping in the mini-cabins in June 2021. ECF Nos. 83 at PageID.1033; 83-2 at PageID.1155. The family also erected a sign on their property which read "Key West National Forest, Mockeridge Family Campground."² ECF Nos. 79-15; 83 at PageID.1035.

Plaintiffs assert that the purchase and erection of their mini-cabins "irrationally irked" their neighbors, especially Defendant Keith Krentz. ECF No. 79 at PageID.780. Plaintiffs allege that Defendant Krentz "utilized his connections to local government officials" and "gathered together several other neighbors to make anonymous complaints to [the District] Health Department No[.] 2 about the Skylar Trail Property" to "sen[d] [Plaintiffs] packing." Id.

On May 18, 2021, Defendant David Schmidt, the Environmental Health Program Coordinator of the District Health Department No. 2., texted Defendant Krentz telling him to "please get a complaint form filled out and to me ASAP regarding that campground." ECF No. 79-13 at PageID.825. The following day, after receiving Defendant Krentz's and other neighbors' complaints, Defendant Schmidt emailed Defendant Krentz:

"I received the forms. Just a thought — I cannot do anything about the noise, fire hazard, and disregard to the neighbors. Neither complaint mentions the possible establishment of an unlicensed campground. The forms should mention that issue along with the sanitation issue. Please add that to the forms if you would."

ECF No. 79-9 at PageID.821; see also ECF No. 79 at PageID.781. In total, four complaints were submitted to the District Health Department by Plaintiffs' neighbors, including Defendant Krentz, reporting concerns about sanitation, fire hazards, and the operation of an unlicensed campground. See ECF Nos. 85 at PageID.1263; 85-8 at PageID.1654; 85-10 at PageID.1695.

After the complaints were filed, Defendant Krentz coordinated a meeting with Defendants (1) Harry Harvey, an Alcona County Building Department Building Official; (2) David Schmidt, the Environmental Health Program Coordinator of District Health Department No. 2; and (3) Kenneth Gibson, the Zoning Administrator of Caledonia Township,³ (collectively, the "Government Officials") to escort them to the Skylar Trail Property site to observe the mini-cabins for themselves.⁴ See ECF Nos. 79 at PageID.781-82; 79-13 at PageID.825; 79-36 at PageID.912; 83 at PageID.1036; 85-6 at PageID.1615-16.

On June 2, 2021, Defendant Krentz drove the Government Officials up Skylar Trail and Plaintiffs' driveway to show them the Mockeridge campground sign. ECF No. 85-6 at PageID.1616. But Defendant Krentz then turned around and drove the Government Officials to the property of Curtis Miller, one of Plaintiffs' neighbors and Defendant Krentz's godson. See ECF Nos. 79 at PageID.783; 79-36 at PageID.900. Miller's property shares a boundary line with Plaintiffs' property such that Miller's property is immediately north of Plaintiffs'. See ECF No. 79 at PageID.783. Importantly, "there is no regular access to the Skylar Trail Property...