2 Crooked Creek LLC v. Cass County Treasurer ( 2019 )

Order Michigan Supreme Court
Lansing, Michigan
November 20, 2019 Bridget M. McCormack,
Chief Justice
159856 David F. Viviano,
Chief Justice Pro Tem
Stephen J. Markman
Brian K. Zahra
Richard H. Bernstein
2 CROOKED CREEK LLC and RUSSIAN Elizabeth T. Clement
FERRO ALLOYS, INC., Megan K. Cavanagh,
Plaintiffs-Appellants, Justices
v SC: 159856
COA: 342797
Ct of Claims: 14-000181-MZ
CASS COUNTY TREASURER,
Defendant-Appellee.
_________________________________________/
On order of the Court, the application for leave to appeal the July 2, 2019
judgment of the Court of Appeals is considered. We direct the Clerk to schedule oral
argument on the application. MCR 7.305(H)(1).
The appellants shall file a supplemental brief within 42 days of the date of this
order addressing whether 2 Crooked Creek LLC (“2CC”) (an owner of a property interest
that was extinguished by tax foreclosure after being accorded notice sufficient to satisfy
minimum due process requirements) can sustain an action to recover monetary damages
pursuant to MCL 211.78l(1) by claiming that it “did not receive any notice required
under this act” due to a lack of actual notice and, specifically, whether constructive notice
is sufficient to fall within the confines of “any notice” under MCL 211.78l(1) such that
2CC can be charged with knowledge of the notice that was posted to the subject property
during a time when 2CC was exercising control and dominion over it. See In re
Treasurer of Wayne Co for Foreclosure (Perfecting Church), 478 Mich. 1 (2007). In
addition to the brief, the appellants shall electronically file an appendix conforming to
MCR 7.312(D)(2). In the brief, citations to the record must provide the appendix page
numbers as required by MCR 7.312(B)(1). The appellee shall file a supplemental brief
within 21 days of being served with the appellants’ brief. The appellee shall also
electronically file an appendix, or in the alternative, stipulate to the use of the appendix
filed by the appellants. A reply, if any, must be filed by the appellants within 14 days of
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being served with the appellee’s brief. The parties should not submit mere restatements
of their application papers.
Michigan Association of County Treasurers is invited to file a brief amicus curiae.
Other persons or groups interested in the determination of the issue presented in this case
may move the Court for permission to file briefs amicus curiae.
I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the
foregoing is a true and complete copy of the order entered at the direction of the Court.
November 20, 2019
p1113
Clerk