MILLS v. LAPEER COUNTY
MARK and ELLEN MILLS, Plaintiffs,
LAPEER COUNTY and DANA MILLER, Defendants.
Civil Action No. 09-14026.
United States District Court, E.D. Michigan, Southern Division.
September 13, 2010.
REPORT AND RECOMMENDATION TO DENY PLAINTIFFS MOTION FOR PARTIAL SUMMARY JUDGMENT (DKT. 11) AND TO GRANT IN PART AND DENY IN PART DEFENDANTS' MOTION FOR PARTIAL SUMMARY JUDGMENT (DKT. 16) AND ORDER DENYING PLAINTIFF'S MOTION TO AMEND (DKT. 19) AS MOOT
MARK A. RANDON, Magistrate Judge.
Plaintiffs Mark and Ellen Mills ("Plaintiffs") filed this action, in which they allege that Defendants Lapeer County and Dana Miller ("Defendants") violated MCL § 600.2918 (Michigan's anti-lockout statute), MCL § 600.2919a (Michigan's conversion statute), MCL § 600.5701 (Michigan's landlord tenant statute) and the First, Fourth, Fifth and Fourteenth Amendments of the United States Constitution, when Defendants removed Plaintiffs' personal property from a commercial parcel of real estate following a tax foreclosure.
Before the Court are Plaintiffs' motion for partial summary judgment (Dkt. 11), Defendants' motions for partial summary judgment (Dkt. 16) and Plaintiffs' motion to amend (Dkt. 19). All pretrial matters were referred to the undersigned pursuant to 28 U.S.C. § 636 (Dkt. 3). For the reasons set forth below, it is RECOMMENDED that Plaintiffs' motion for partial summary judgment be DENIED and that Defendants' motion for partial summary judgment be GRANTED IN PART AND DENIED IN PART. Further, IT IS ORDERED that Plaintiffs' motion to amend is DENIED AS MOOT.1I.FACTUAL BACKGROUND
The facts in this case are largely undisputed. Plaintiffs were the land contract vendees of a property located on Clifford Road in Lapeer County, Michigan (the "Property"). Neither the land contract vendor nor Plaintiffs paid the property taxes for the Property and Defendant Lapeer County — following proper tax foreclosure procedures — obtained title to the Property for failure to pay taxes on February 23, 2009. On or about May 4-7, 2009 Defendant Dana M. Miller ("Ms. Miller"), Treasurer of Lapeer County, had conversations with Plaintiff Ellen Mills regarding how much time Plaintiffs would have to vacate the Property. However, no resolution was reached.
Thereafter, on or about May 8 or May 9, 2009, Ms. Miller on behalf of Lapeer County, caused a Notice to Quit the Property to be served on Plaintiffs (Dkt. 11; Ex. 1), which indicated that, if the Property were not vacated within thirty (30) days, an eviction action would be instituted. On or about June 9-11, 2009, Defendants, without further notice, or judicial order, removed Plaintiffs' possessions from the Property. Plaintiffs allege that the process of removal continued over several days with County employees, "trustys" from the Lapeer County Jail, private contractors, friends and relatives of County employees and their agents entering and leaving the Property at will, removing and destroying Plaintiffs' personal property and taking some of it to the County complex.