Lex Fori PLLC and Carson J. Tucker File Brief Challenging Michigan’s Property Foreclosure Tax System and Constitutionality of Property Acquisition

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

Law Offices of Carson J. Tucker and Lex Fori, PLLC File Michigan Appeals Briefs Under Administrative Order 2019-6

We have been preparing, formatting and filing our briefs in the Court of Appeals and Supreme Court under Administrative Order 2019-6, which allows us to use all the readability and formatting tools of Adobe to create fully interactive and e-friendly briefs. As a former Supreme Court law clerk and an insurance coverage counsel, Mr. Tucker understands the convenience of having a fully interactive document with all file contents and citations referenced and linked for quick review.

The ideal briefs and appendices (which we strive to create) will contain fully interactive table of contents and bookmarks, links to cases, links to the direct location (page and line) in the Appendix and/or accompanying attachments and indices and tables of contents that are fully interactive – meaning the reader can toggle back and forth to the references and have immediate confirmation and documentary support for our arguments and factual assertions, respectively. We can also use a larger, eye-friendly font, which is critical for those who must read brief after brief, day in and day out!

Here’s one we filed in the Court of Appeals last month (January 2020) in a constitutional and property law case in the Michigan Court of Appeals. Mitchell.Brief.on.Appeal.01.17.2020

Carson J. Tucker Files Supreme Court Application in Highway Defect Case

Law Offices of Carson J. Tucker filed an application in the Michigan Supreme Court on February 25 in the case of Menard v Imig requesting the Michigan Supreme Court to tie up loose ends in the interpretation of the notice provision in the Highway Exception to governmental immunity under the Governmental Tort Liability Act (GTLA), MCL 691.1401, et seq. Read our application here: ALTA.02.25.2020

We have been preparing, formatting and filing our briefs in the Court of Appeals and Supreme Court under Administrative Order 2019-6, which allows us to use all the readability and formatting tools of Adobe to create fully interactive and e-friendly briefs. As a former Supreme Court law clerk and an insurance coverage counsel, Mr. Tucker understands the convenience of having a fully interactive document with all file contents and citations referenced and linked for quick review. The ideal briefs (which we strive to create) will contain links to cases, links to the direct location (page and line) in the Appendix and/or accompanying attachments and indices and tables of contents that are fully interactive – meaning the reader can toggle back and forth to the references and have immediate confirmation and documentary support for our arguments and factual assertions, respectively. We can also use a larger, eye-friendly font!

Victory in Court of Appeals for Deceased Veterans’ Spouse

As part of our assistance to veterans and their families, we represented the widow of an Army veteran who took his own life. The dispute concerned the paternal grandparents’ attempt to obtain visitation and partial custody of the minor children after the veteran’s death. On appeal, we lodged several constitutional challenges, including the utter failure of the lower court to consider the proper statutory standards and reasons for attorney fees. I am very pleased with the outcome of this case.

Read the case here:

Martin v Cleveland-Martin

Law Office of Carson J. Tucker Secures Another Victory for His Clients in Michigan Court of Appeals – Court Reverses Oakland Circuit Court Ruling That Suit was Barred by Collateral Estoppel and Res Judicata

King v Munro COA Opinion

Law Offices of Carson J. Tucker Secures Victory for Employer and Insurer – No Liability for Workers’ Compensation Benefits

Scott v TKMS and Travelers

Law Offices of Carson J. Tucker Successfully Overturns Tax Assessment on Appeal

18-003916 Final Opinion and Judgment

Law Offices of Carson J. Tucker, LexFori, PLLC submits brief on appeal in Michigan Tax Tribunal for Residential Property Owner Denied Primary Residence Exemption and Disabled Veteran’s Exemption

One of the many diverse and “remote” services provided by Law Offices of Carson J. Tucker, LexFori PLLC. This Brief on Appeal was  submitted on behalf of a Michigan resident, who is also a disabled veteran, to preserve his entitlement to his primary residence exemption, so that his veteran’s exemption could also be preserved.

The case was argued on Friday, May 17, 2019 before the Michigan Tax Tribunal.

Just another of the many remote and effective services provided by Law Offices of Carson J. Tucker and Lex Fori PLLC. The brief was filed from Paris and the case was argued from Cambridge, UK.

 

Reply Brief Filed in Virginia Court of Appeals

Law office of Carson J. Tucker filed a brief in the Virginia Court of Appeals in another disabled veteran’s case challenging Virginia’s inclusion of pure veteran’s disability pay as income for use in calculating. veteran’s child support and spousal support obligations. Reply Brief 1711-18-4

United States Supreme Court Petition Filed Pro Bono for Disabled Veteran by Law Offices of Carson J. Tucker, LexFori, PLLC and Trinity Advocates

In another pro bono effort on behalf of military members and disabled veterans, I filed a petition in the United States Supreme Court on behalf of Joseph H. Holmes, in forma pauperis. Read the petition here: Petition.05.06.2019