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CHARLES M. ANDREWS, SR., Trustee of the Gloria M. Andrews Trust Dated April 23, 1998,
Plaintiff-Appellant,
v.
CITY OF MENTOR, OHIO,
Defendant-Appellee.
   No. 20-4030
Appeal from the United States District Court
for the Northern District of Ohio at Cleveland.
No. 1:20-cv-00058—Pamela A. Barker, District Judge.
Decided and Filed: August 25, 2021
Before: BOGGS, MOORE, and LARSEN, Circuit Judges.


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OPINION
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KAREN NELSON MOORE, Circuit Judge. Charles Andrews, Sr., Trustee of the Gloria M. Andrews Trust Dated April 23, 1998 (“the Trust”), appeals from a final judgment entered against the Trust by the district court after it granted the City of Mentor, Ohio’s (“the City”) motion for judgment on the pleadings. The Trust takes issue specifically with the district court’s resolution of the Trust’s claims arising under the Takings Clause and Equal Protection Clause, both of which stem from the City’s denial of the Trust’s application for rezoning of approximately sixteen acres of real property. For the reasons that follow, we REVERSE the judgment of the district court and REMAND for further proceedings.



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ALISON PATRICIA TAYLOR,
Plaintiff-Appellant/Cross-Appellee,
v.
CITY OF SAGINAW, MICHIGAN; TABITHA HOSKINS,
Defendants-Appellees/Cross-Appellants.
   Nos. 20-1538/1588
Appeal from the United States District Court
for the Eastern District of Michigan at Bay City.
No. 1:17-cv-11067—Thomas L. Ludington, District Judge.
Argued: July 29, 2021
Decided and Filed: August 25, 2021
Before: GRIFFIN, LARSEN, and NALBANDIAN, Circuit Judges.


_________________________
OPINION
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The City of Saginaw routinely chalked car tires to enforce its parking regulations. In our prior opinion, we held that doing so is a search for Fourth Amendment purposes, and that “based on the pleadings stage of this litigation, . . . two exceptions to the warrant requirement—the ‘community caretaking’ exception, and the motor-vehicle exception—do not apply here.” Taylor v. City of Saginaw, 922 F.3d 328, 336 (6th Cir. 2019) (Taylor I). However, we left for another day whether the search could be justified by “some other exception” to the warrant requirement. Id.

We consider one of those other exceptions today—specifically, whether suspicionless tire chalking constitutes a valid administrative search. Because we conclude that it does not, we reverse the district court’s grant of summary judgment in favor of the City. But because we conclude that the alleged unconstitutionality of suspicionless tire chalking was not clearly established, the City’s parking officer, defendant Tabitha Hoskins, is entitled to qualified immunity. We therefore affirm in part, reverse in part, and remand for further proceedings consistent with this opinion.