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HOWARD v. CITY OF DETROIT, MICHIGAN

No. 21-1261.

40 F.4th 417 (2022)

Deborah HOWARD, Flossie Byrd, Billie Hickey, Jeffrey Stevenson, and William Hickey, individually and on behalf of all others similarly situated, Plaintiffs-Appellants, v. CITY OF DETROIT, MICHIGAN, City of Detroit, Michigan Office of the Chief Financial Officer, City of Detroit, Michigan Office of the Assessor, Michael Duggan, in his official capacity as Mayor of the City of Detroit, Michigan, Alvin Horhn, in his official capacity as City of Detroit Assessor, Wayne County, Michigan, W. Howard Morris, in his official capacity as Commissioner of the State Tax Commission, Leonard D. Kutschman, in his official capacity as Commissioner of the State Tax Commission, and David A. Buick, in his official capacity as Executive Director of the State Tax Commission, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 11, 2022.

Attorney(s) appearing for the Case

ARGUED: Samuel E. Schoenburg , GOLDMAN ISMAIL TOMASELLI BRENNAN & BAUM LLP, Chicago, Illinois, for Appellants. James D. Noseda , CITY OF DETROIT CITY LAW DEPARTMENT, Detroit, Michigan, for City of Detroit Appellees. Theodore W. Seitz , DYKEMA GOSSETT PLLC, Lansing, Michigan, for Appellee Wayne County. Michael S. Hill , OFFICE OF THE MICHIGAN ATTORNEY GENERAL, Lansing, Michigan, for Appellees Buick, Morris, and Kutschman. ON BRIEF: Samuel E. Schoenburg , Rami N. Fakhouri , Elizabeth B. Farrington , GOLDMAN ISMAIL TOMASELLI BRENNAN & BAUM LLP, Chicago, Illinois, for Appellants. James D. Noseda , CITY OF DETROIT CITY LAW DEPARTMENT, Detroit, Michigan, for City of Detroit Appellees. Theodore W. Seitz , Jill M. Wheaton , Nasseem S. Ramin , DYKEMA GOSSETT PLLC, Lansing, Michigan, for Appellee Wayne County. Michael S. Hill , Matthew B. Hodges , OFFICE OF THE MICHIGAN ATTORNEY GENERAL, Lansing, Michigan, for Appellees Buick, Morris, and Kutschman. Sarah Tremont , COVINGTON & BURLING LLP, Washington, D.C., for Amicus Curiae.

GIBBONS, J., delivered the opinion of the court in which NALBANDIAN, J., joined. BOGGS, J. (pp. 428-30), delivered a separate dissenting opinion.

OPINION

Several Detroit homeowners, on behalf of themselves and all others similarly situated, sued the City of Detroit, Wayne County, and several city, county, and state individuals in their official capacities alleging a denial of due process and other state law violations as a result of the untimely...

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