Lyda v. City of Detroit, Mich. (In re City of Detroit, Mich.)

Summarized by Laura Bartell , Wayne State University Law School
9 years 3 months ago

Citation:

No. 15-2236 (6th Cir. Nov. 14, 2016)

Tag(s):

Ruling:

Affirming dismissal of case by customers of Detroit Water and Sewerage Department seeking injunctive relief to stop termination of water services, holding that the suit is barred by Section 904 of the Bankruptcy Code.

Procedural context:

Appeal from decision of district courts for the Eastern District of Michigan affirming decision of bankruptcy court granting defendant's motion to dismiss.

Facts:

During the chapter 9 bankruptcy of the City of Detroit, plaintiffs initiated an adversary proceeding seeking injunctions against water shut-offs by the defendant, a declaration that the defendant's billing and shut off procedures violated the due process and equal protection rights, and ordering the defendant to institute a water affordability plan. The bankruptcy court granted defendant's motion to dismiss on the basis that, under Section 904, the court could not interfere with the defendant's governmental functions. The district court affirmed, and the court of appeals affirmed.

Judge(s):

Sutton, Griffin & Donald, Circuit Judges

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