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RAFAELI, LLC v. OAKLAND COUNTY

Docket No. 156849 Calendar No. 1.

952 N.W.2d 434 (2020)

505 Mich. 429

RAFAELI, LLC, and Andre Ohanessian, Plaintiffs-Appellants, v. OAKLAND COUNTY and Andrew Meisner, Defendants-Appellees.

Supreme Court of Michigan.

Decided July 17, 2020.

Attorney(s) appearing for the Case

Fink & Fink, PLLC (by Andrew F. Fink III ), The Law Offices of Aaron D. Cox, PLLC (by Aaron D. Cox ), Mark K. Wasvary, PC (by Mark. K. Wasvary ), Christina M. Martin , and Lawrence G. Salzman for plaintiffs.

Giarmarco, Mullins & Horton, PC (by William H. Horton ), Bursch Law PLLC (by John J. Bursch ), and Keith L. Lerminiaux and Joellen Shortley , Oakland County Corporate Counsel, for defendants.

Lewis, Reed & Allen, PC (by Ronald W. Ryan ), Jaimie Cavanaugh , and Wesley Hottot for the Institute for Justice, Amici Curiae.

Lewis, Reed & Allen, PC (by Ronald W. Ryan ), John C. Eastman , and Anthony T. Caso for the Claremont Institute's Center for Constitutional Jurisprudence, Amici Curiae.

Barnes & Thornburg LLP (by Tracy D. Knox and Aaron D. Lindstrom ) for 2 Crooked Creek, LLC, Amici Curiae.

Dykema Gossett PLLC (by Steven C. Liedel , Theordore W. Seitz , and Erin A. Sedmak ) for the Michigan Association of Counties, the Michigan Municipal League, and the Michigan Townships Association, Amici Curiae.

Daniel B. Kohrman and Matthew E. Gronda for the AARP and the AARP Foundation, Amici Curiae.

Bodman PLC (by Thomas J. Rheaume, Jr. , and Amanda J. Frank ), Robert Alt , and John J. Park for the Buckeye Institute for Public Policy Solutions, Amici Curiae

Clark Hill PLC (by Charles A. Lawler ) and Kevin T. Smith for the Michigan Association of County Treasurers, Amici Curiae.

Dana Nessel , Attorney General, Fadwa A. Hammoud , Solicitor General, and Matthew B. Hodges , Assistant Attorney General, for the Michigan Department of Treasury, Amici Curiae.

Outside Legal Counsel PLC (by Philip L. Ellison ) for Donald Freed , Lynette Hathon , and Amy Jo Denkins , Amicus Curiae.

BEFORE THE ENTIRE BENCH.

OPINION

Plaintiff Rafaeli, LLC, owed $8.41 in unpaid property taxes from 2011, which grew to $285.81 after interest, penalties, and fees. Oakland County and its treasurer, Andrew Meisner (collectively, defendants), foreclosed on Rafaeli's property for the delinquency, sold the property at public auction for $24,500, and retained...

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