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Administrative Law Keyed to Popper
Widgren v. Maple Grove Township
Citation:
429 F.3d 575 (2005)Facts
Kenneth Widgren, Sr. solely owned twenty acres of largely undeveloped rural land in Maple Grove Township, Michigan. In 2002, he began constructing a house in the middle of his property without obtaining a building permit. The property was accessed by a dirt driveway with a metal gate displaying “No Trespassing” signs. By spring 2003, the area immediately surrounding the house was cleared and routinely mowed with a clear perimeter line. This area contained a fire pit, pruned trees, and a picnic table. Louis Lenz, the Township zoning administrator, observed a reflection from the house while driving nearby and entered the property to investigate. He later returned to post a civil infraction notice on the front door. H. Wayne Beldo, the Township tax assessor, also visited the property, where he observed, measured, and photographed the house’s exterior from within the cleared area surrounding the house. The Widgrens filed suit alleging these entries violated their Fourth Amendment rights against unreasonable searches.
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