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The Supreme Court will not hear a takings case involving a foreclosure for the nonpayment of taxes when the home is worth more than the tax delinquency. ....
Pontiac Oakland Circuit Judge Denise Langford Morris ruled Tuesday that compensation owed to property owners unjustly foreclosed upon will not be retroactive prior to a July 2020 decision of the Michigan Supreme Court. The case filed by two homeowners against Oakland County was the flagship that helped set a new Supreme Court precedent for how counties handled tax foreclosures. So Oakland County s decision came as a blow to advocates who believed the Supreme Court s ruling would apply to a bevy of cases across the state that predated the July 2020 opinion. The state s high court in summer 2020 had ruled then-Oakland County Treasurer Andrew Meisner was involved in an “unconstitutional taking without just compensation” under the Michigan constitution when he foreclosed on a property for $8.41 in unpaid taxes. The Southfield property at issue was later sold at county auction and the county kept all funds. ....