Takings; Gym 24/7 Fitness, LLC v Michigan; Inverse condemnation; Hinojosa v Department of Natural Res; Const 1963, art 10, § 2; Public use; Police damage to property; Fugitive apprehension; Summary disposition; MCR 2.116(C)(10)

The court held that plaintiff-landlord failed to establish a taking or inverse condemnation based on property damage caused during police efforts to remove and arrest his tenant. Plaintiff attempted to evict a tenant who became violent, and a bench warrant was issued. State police damaged the property while trying to apprehend him after he barricaded himself inside, brandished or threw weapons, and refused to surrender. The Court of Claims granted defendant summary disposition. On appeal, the court held that plaintiff could not establish a constitutional taking because defendant did not take the property “for a public use” or impose a regulation restricting its use. It also held that the inverse-condemnation claim failed because the police action was not “directly aimed” at plaintiff’s property. Rather, the officers’ actions were aimed at causing the tenant to surrender and neutralizing the threat he posed to police and other tenants. The court rejected plaintiff’s request to adopt a rule making the public responsible for police-caused property damage during fugitive apprehension, reasoning that extending the law on public-policy grounds was a matter for the Legislature. Affirmed.