Developer allowed to claim "taking" of property by reason of zoning rejection of PUD

AM Rodriguez Associates sued the City of Douglas in Allegan County, after the City's planning commission and council rejected a Planned Unity Development of the developer's 16 acres.  The Court of Appeals ruled that several of the developer's theories were barred by the fact that the Circuit Court had previously rejected its administrative appeals, however, the Court concluded that those prior appeals did not preclude an eminent domain or "taking" claim.