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Zoning Ordinance Re Wal-Mart Construction Unconstitutional, Plus Social Security Disability Case

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By FindLaw Staff on June 28, 2010 2:12 PM

Kyle v. Comm'r of Soc. Sec., No. 09-3628, the Sixth Circuit faced a challenge to the district court's affirmance of ALJ's determination that claimant was not disabled for Social Security purposes.  In affirming, the court held that the ALJ's factual determination that claimant possessed supervisory skills transferable to other jobs was supported by substantial evidence.  The court further held that the jobs to which the vocational expert testified claimant could transfer were consistent with the Dictionary of Occupational Titles.

Wedgewood Ltd. P'ship I. v. Township of Liberty, No. 08-4446, concerned a property owner's 42 U.S.C. section 1983 suit against a town and its Board of Trustees, arising from an adoption of a zoning ordinance that prevented the construction of a Wal-Mart on plaintiff's property.  In affirming the district court's order granting plaintiff's motion for a permanent injunction, the court held that the town violated plaintiff's procedural due process rights when it adopted zoning instructions that amended the planned development without providing plaintiff without notice and an opportunity to be heard.

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