Lex Fori, PLLC and Carson J. Tucker recently filed a brief in the Court of Appeals seeking to overturn a property tax foreclosure in which a contracted third-party was sending notices of the tax foreclosure proceedings to a post office box which was no longer in operation. The contractor had access to the property owner’s proper home address, as did the County Treasurer, yet, the only “notice” that was sent to our client regarding the tax foreclosure proceedings was the judgment, by which time it was too late to redeem the property.
Interesting sub-issues in this case have to do with challenging the constitutionality of taking private property for a failure of the property owner to pay a single year’s property tax bill of a couple thousand dollars, and yet allowing the county to resell the property taken on the open market for a windfall – taking the value of the property without compensation or any reimbursement to the property owner. In this case, several parcels and lake front property were taken this way and sold where the client had maintained this property for decades making the coefficient between the tax bill and the value of the property extremely high.
Read the brief here: Mitchell.Brief.on.Appeal.01.17.2020
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Published by Carson J Tucker, JD MSEL
Owner of law firm since July 2014; Handles all types of appellate matters and assists other lawyers with complex litigation and insurance coverage issues; Admitted to the Supreme Court of the United States, the Sixth Circuit Court of Appeals and the State Bar of Michigan; Expertise in prosecuting and defending appeals with several significant successes in the Sixth Circuit Court of Appeals, the Michigan Supreme Court and the Michigan Court of Appeals; Author of briefs amicus curiae in the Michigan Supreme Court for the Michigan Defense Trial Counsel and the Insurance Institute of Michigan; Represents Insurance Companies, Major International Business, Governmental Entities, Law Enforcement Officers and County Sheriffs.
Board of Directors, Michigan Defense Trial Counsel
Amicus Committee Co-Chair, Michigan Defense Trial Counsel
Military - Retired Major in the Judge Advocate General (JAG) Corps of the United States Army, Brigade Judge Advocate and Staff JAG officer for the Maneuver Training Center, Camp Grayling, Michigan; Recipient of the Army's Meritorious Service Medal (the highest medal of honor available to Soldiers serving in non-combat roles); 2012 Graduate of the Judge Advocate Officer Advanced Course, at The Judge Advocate Legal Center and School, Charlottesville, Virginia.
United States Navy Reserves, Combat Warfare Qualification, January 1989 to July 2003
Former law clerk to Justice Stephen J. Markman, Michigan Supreme Court, Research Attorney, Michigan Court of Appeals. Insurance Coverage Associate Plunkett Cooney; Environmental Law Attorney at Squire Sanders, now Squire Patton Boggs; Master's Degree in Environmental Law; Environmental Law Scholar, ALI/ABA Washington, D.C., Juris Doctorate, Vermont Law School, Environmental Editor, Vermont Law Review; Treasurer and Finalist, Moot Court Advisory Board.
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Amicus Curious 