If a challenged policy is amended during litigation, “courts apply the law as it exists at the time of the decision.” Kenjoh Outdoor, LLC v. Marchbanks, 23 F.4th 686, 692 (6th Cir. 2022); see also Moskovic v. City of New Buffalo, 638 F.Supp.3d 770, 783 (W.D. Mich. 2022) (explaining that for “declaratory or injunctive relief,” the Court will “apply the law which was in effect at the time of the decision by the trial court”). While “a change in the law tends to eliminate the requisite case-or-controversy . . . not every amendment automatically moots a claim.”
Plaintiffs bear the burden of demonstrating that Seven Hills's actions lacked any rational basis. Gardner, 656 F.Supp.2d at 761; Moskovic v. City of New Buffalo, 638 F.Supp.3d 770, 795-96 (W.D. Mich. 2022). “Rational basis review is a deferential standard under which government action is afforded a strong presumption of validity.