BRIAN H. HERSCHFUS, individually and as Trustee; BRIAN H. HERSCHFUS AND FERN SHARI HERSCHFUS JOINT REVOCABLE TRUST, u/a/d March 22, 1994, as amended v. CITY OF OAK PARK, MICHIGAN, a municipal corporation; ERIK TUNGATE, City Manager; ROBERT BARRETT, Technical and Planning Services Director; JOHN OR JANE DOE, code official(s), jointly and severally - Articles

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BRIAN H. HERSCHFUS, individually and as Trustee; BRIAN H. HERSCHFUS AND FERN SHARI HERSCHFUS JOINT REVOCABLE TRUST, u/a/d March 22, 1994, as amended v. CITY OF OAK PARK, MICHIGAN, a municipal corporation; ERIK TUNGATE, City Manager; ROBERT BARRETT, Technical and Planning Services Director; JOHN OR JANE DOE, code official(s), jointly and severally

Posted by: Azya Thornton on Aug 5, 2025

Court: 6th Circuit Court (Published Opinions)

Attorneys 1: ON BRIEF: Stuart Sandweiss, METRO DETROIT LITIGATION GROUP, Southfield, Michigan, for Appellants.

Attorneys 2: ON BRIEF: Christian C. Huffman, GARAN LUCOW MILLER, P.C., Detroit, Michigan, for Appellees.

Judge(s): MOORE, GRIFFIN, and NALBANDIAN, Circuit Judges

Court Appealed: United States District Court for the Eastern District of Michigan at Detroit

NALBANDIAN, Circuit Judge. Brian Herschfus, a Michigan landlord, challenges certain housing-code inspection rules, arguing that the city of Oak Park has violated his Fourth Amendment and Equal Protection rights. The district court granted summary judgment in favor of the city on standing and merits grounds. We find that Herschfus does have standing to bring his Fourth Amendment claim, but that it doesn’t succeed on the merits. His Equal Protection claim also fails. So we affirm.

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