An appeals court has thrown out a $3.6 million verdict in favor of a family that wanted to sell land for a Walmart store in Frankenmuth.
The court found problems with the verdict form. The court said Monday a new trial should be held because the legal basis for the jury's decision in 2010 is unclear.
Ronald Loesel and family members sued Frankenmuth after city officials passed a law restricting the size of stores to 65,000 square feet or less. The ordinance effectively killed the $3 million sale of 24 acres to Wal-Mart Stores in 2006.
The Loesels sued in federal court in Bay City, claiming the ordinance violated their constitutional right of equal protection. Frankenmuth, 90 miles north of Detroit, is a tourist town known for its Bavarian theme.