No. 25-451

Faytima Howard v. Macomb County, Michigan

Lower Court: Sixth Circuit
Docketed: 2025-10-15
Status: Rehearing
Type: Paid
Relisted (2)
Tags: constitutional-challenge just-compensation property-rights state-procedure takings-clause tax-foreclosure
Latest Conference: 2026-02-27 (distributed 2 times)
Question Presented (from Petition)

1. Does the government violate the Takings Clause's "categorical duty" to pay just compensation for property taken in excess of the taxes, fees, and penalties, per Tyler, by enacting a procedure that leaves most former owners without their homes and without compensation?

2. To the extent that Nelson v. City of New York requires tax debtors to exhaust state remedies prior to bringing a constitutional takings challenge in federal court, should Nelson be overruled?

Question Presented (AI Summary)

Does the government violate the Takings Clause's 'categorical duty' to pay just compensation for property taken in excess of taxes by enacting a procedure that leaves most former owners without their homes and without compensation?

Docket Entries

2026-02-11
DISTRIBUTED for Conference of 2/27/2026.
2026-02-03
2026-02-03
Petition of Faytima Howard for rehearing submitted.
2026-01-12
Petition DENIED.
2025-12-23
DISTRIBUTED for Conference of 1/9/2026.
2025-12-22
Reply of petitioner Faytima Howard filed. (Distributed)
2025-12-22
2025-12-18
Waiver of Faytima Howard of the 14-day waiting period submitted.
2025-12-18
Waiver of the 14-day waiting period of Faytima Howard submitted.
2025-12-18
Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner.
2025-12-15
Brief of respondent Macomb County in opposition filed.
2025-12-15
Brief of Macomb County in opposition submitted.
2025-10-31
Motion to extend the time to file a response is granted and the time is extended to and including December 15, 2025.
2025-10-30
Motion to extend the time to file a response from November 14, 2025 to December 15, 2025, submitted to The Clerk.
2025-10-30
Motion of Macomb County for an extension of time submitted.
2025-10-10
Petition for a writ of certiorari filed. (Response due November 14, 2025)
2025-08-11
Application (25A139) granted by Justice Kavanaugh extending the time to file until October 16, 2025.
2025-07-31
Application (25A139) to extend the time to file a petition for a writ of certiorari from August 17, 2025 to October 16, 2025, submitted to Justice Kavanaugh.

Attorneys

Faytima Howard
Christina Marie MartinChristina M. Martin, Petitioner
Macomb County
Francis Joseph KryciaMacomb County Corporation Counsel, Respondent