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TONYA BOWLES, for herself and all those similarly
situated,
Plaintiff-Appellee,
v.
ERIC R. SABREE, in his official and personal capacities;
Wayne County Board of Commissioners, also
sometimes known as Charter County of Wayne by its
Board of Commissioners,
Defendants-Appellants |
No. 23-1256
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Appeal from the United States District Court for the Eastern District of Michigan at Detroit.
Nos. 2:20-cv-12838; 2:23-cv-10973—Linda V. Parker, District Judge.
Decided and Filed: November 4, 2024
Before: McKEAGUE, KETHLEDGE, and NALBANDIAN, Circuit Judges
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OPINION
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NALBANDIAN, Circuit Judge. For years, Wayne County has held onto money that it
owes private citizens. It foreclosed on and sold people’s property to satisfy their tax debts but
kept the difference for itself. This Court, the Michigan Supreme Court, and the United States
Supreme Court all agree that this kind of scheme is an unconstitutional taking. This case is not
about whether Wayne County violated the law. It did. This case is about how former
landowners can get those extra proceeds back.
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