Supreme Court of the United States · Official docket →
Kari Beeman, et al. v. Muskegon County Treasurer
Paid petition · Court of Appeals of Michigan, No. 363764 · judgment October 26, 2023
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
The Muskegon County Treasurer foreclosed and sold homes and land belonging to Petitioners to collect unpaid property taxes. The County sold each property for substantially more than each owner owed. Under both the Michigan and federal constitutions, the surplus proceeds must be returned to the owners to avoid an unconstitutional taking. Rafaeli, LLC v. Oakland Cnty., 505 Mich. 429 (2020); Tyler v. Hennepin Cnty., 598 U.S. 631 (2023). In 2020, Michigan enacted a confusing and draconian process to claim surplus proceeds after a tax foreclosure sale, Mich. Comp. Laws § 211.78t, which few entitled owners have successfully navigated. Relying on Nelson v. City of New York, 352 U.S. 103 (1956), for the proposition that a county evades liability for just compensation if a property owner fails to follow the state’s claim process, foreclosing counties continue to keep the surplus proceeds much more often than not, even after this Court’s Tyler decision. The questions presented are:
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Does Michigan’s claims statute violate due process and the right to just compensation?
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If it is not dicta, should the Court overrule the takings holding in Nelson v. City of New York, 352 U.S. 103 (1956)?
Counsel of record
For petitioner
Christina Marie Martin
Christina M. Martin
For respondent
Michael D. Homier
Foster, Swift, Collins and Smith, P.C.
Proceedings
- Mar 02 2026Rehearing DENIED.
- Feb 11 2026DISTRIBUTED for Conference of 2/27/2026.
- Feb 03 2026Petition for Rehearing filed.
- Jan 12 2026Petition DENIED.
- Dec 23 2025DISTRIBUTED for Conference of 1/9/2026.
- Dec 04 2025Rescheduled.
- Nov 25 2025DISTRIBUTED for Conference of 12/12/2025.
- Sep 04 2025Rescheduled.
- Aug 27 2025DISTRIBUTED for Conference of 9/29/2025.
- Jun 23 2025Rescheduled.
- Jun 10 2025DISTRIBUTED for Conference of 6/26/2025.
- Jun 02 2025Reply of petitioners Kari Beeman, et al. filed.
- May 21 2025Brief of respondent Muskegon County Treasurer in opposition filed.
- Apr 14 2025Brief amici curiae of Legal Services of the Hudson Valley, et al. filed.
- Apr 07 2025Motion to extend the time to file a response is granted in part and the time is extended to and including May 21, 2025.
- Apr 01 2025Response to motion to extend the time to file a response from petitioners filed.
- Mar 31 2025Motion to extend the time to file a response from April 14, 2025 to June 13, 2025, submitted to The Clerk.
- Mar 14 2025Response Requested. (Due April 14, 2025)
- Mar 12 2025DISTRIBUTED for Conference of 3/28/2025.
- Mar 12 2025Brief amici curiae of Alabama Association of Realtors, et al. filed.
- Feb 25 2025Waiver of right of respondent Muskegon County Treasurer to respond filed.
- Feb 07 2025Petition for a writ of certiorari filed. (Response due March 13, 2025)
- Nov 21 2024Application (24A499) granted by Justice Kavanaugh extending the time to file until February 7, 2025.
- Nov 18 2024Application (24A499) to extend the time to file a petition for a writ of certiorari from December 29, 2024 to February 7, 2025, submitted to Justice Kavanaugh.