City of Detroit v. 19675 Hasse

258 Mich. App. 438
CourtMichigan Court of Appeals
DecidedSeptember 16, 2003
DocketDocket Nos. 237995, 238269-238338
StatusPublished
Cited by1 cases

This text of 258 Mich. App. 438 (City of Detroit v. 19675 Hasse) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
City of Detroit v. 19675 Hasse, 258 Mich. App. 438 (Mich. Ct. App. 2003).

Opinion

Per Curiam.

In these seventy-one consolidated appeals, we decide whether a statute of limitations bars plaintiff city of Detroit’s actions to foreclose tax liens on several parcels of real property owned by defendant Acorn Investment Company1 for unpaid tax bills dating back as far as 1989. Because statutes of limitations do not run against the state or its subdivisions without an express legislative enactment, and because the Legislature has not enacted a statute of limitations for in rem foreclosure actions, we hold that no statute of limitations barred the city’s actions. We also conclude that the city was authorized to impose a late penalty fee because the ordinance empowering it to do so was enacted after December 31, 1982, as required by MCL 211.44(7). Accordingly, we affirm the trial court’s seventy-one foreclosure judgments and the trial court’s grant of summary disposition with respect to the penalty fees.

1. basic facts and procedural history

A. THE CITY’S FIRST SERIES OF COMPLAINTS

In May 2001, the city filed thirty-nine nearly identical complaints, each containing one count entitled [440]*440“Real Property Tax Foreclosure.” The complaints described each of the involved parcels of real property, alleged that none of the various entities with ownership interests had paid general real estate taxes that the city levied on the properties, and averred that more than two years had passed since the city purchased “at the annual tax sale” “the unpaid tax liens of the City of Detroit for years prior to 1998.” The city attached to each of the complaints tax bills showing unpaid taxes for each property, most dating back to 1991 or 1990, and one property having unpaid taxes as far back as 1989. According to the city, the unpaid amounts now included interest, penalties, and court costs. The city requested that, 120 days after the filing date of the complaints, the trial court enter judgments of foreclosure with respect to the pre-1998 tax liens on the involved parcels pursuant to § 8-403 of the 1997 Detroit Charter, and “order the vesting in [the city] the absolute title in fee ... in the subject properties]” unless defendants paid the amounts of the judgments within sixty days after entry of the judgments. The city also sought possession of the premises.

B. THE CITY’S SECOND SERIES OF COMPLAINTS

In June 2001, the city filed separate complaints with respect to thirty-two additional parcels of real property, each containing two counts. The first count, entitled “Real Property Tax Foreclosure,” which consisted of allegations mirroring those within the sole count of the May 2001 complaints, sought a judgment of foreclosure of pre-1998 tax liens and possession of the involved parcels. Count n requested that the trial court impose on the owners of the involved proper[441]*441ties personal liability for the delinquent real property taxes, pursuant to MCL 211.47 and Detroit Charter, § 8-403(2). The city again attached as an exhibit to each complaint the relevant real property tax bill showing unpaid city taxes, in some cases dating back to 1989. In September 2001, the trial court consolidated all the city’s seventy-one actions.

C. ACORN’S MOTION AND THE CITY’S RESPONSE

Shortly before the consolidation occurred, Acom filed a “Motion for summary disposition and declaratory judgment, in part,” pursuant to MCR 2.116(C)(10). While Acom did not dispute the amounts of delinquent property taxes or the city’s “ability to foreclose on real property in a suit to collect delinquent real property taxes,” Acom argued that a six-year period of limitations precluded the city from obtaining a judgment of foreclosure on liens for unpaid taxes that became due more than six years before the city filed its complaints. Acom noted that Michigan case law had applied a six-year period of limitations to in personam actions to collect unpaid property taxes pursuant to MCL 211.40 and Detroit Charter § 8-403. Acom acknowledged that there was no clear period of limitations for actions to foreclose on a real property tax lien, but theorized that the six-year limitations period applicable to otherwise unspecified personal actions, MCL 600.5813, also governed foreclosure actions because (1) “[t]he gravamen of the instant complaint is the collection of ‘taxes,’ which according to the City charter, is a personal debt of the owner of the property,” and (2) in Detroit, foreclosure represented merely an alternate and concurrent remedy to an in personam suit, and [442]*442Michigan case law explained that one could not avoid a period of limitations applicable to a remedy at law by pursuing a substitute equitable remedy. Acorn also contested the city’s ability to impose and collect penalties on the unpaid taxes. The city responded to Acorn’s motion for summary disposition by requesting judgments or declaratory relief in its favor pursuant to MCR 2.116(I)(1), 2.116©(2), and 2.605.

D. THE TRIAL COURT’S FIRST RULING

At an August 2001 hearing, after the parties summarized their briefs addressing the propriety of summary disposition, the trial court ruled:

With regard to the Statute of Limitations, a judge is, in my view of what the role of a judge is, is certainly not that of a Legislature.
The judge does not have the opportunity to create the Statute of Limitations where the Legislature has either failed to do so, or has chosen not to do so, and that is the case here.
211.40, I believe I’m correct, indicates that the lien referred to for those amounts and for all interest and charges on those amounts shall continue until paid.
The [Legislature has not, in this in rem proceeding, created a Statute of Limitations. Thus, it does not apply. There is none in this instance.
With regard to penalty ... if I can find the ordinance reference.
•1= * *
593-H did recodify, or codified the ordinances of the City of Detroit, and provided when said ordinances would become effective, and it was passed in 1984, effective January 1, 1985.
It is clear to this Court that that ordinance was passed after the date required in the statute, which is MCL 211.44, [443]*443paren (7), and prior to any of the taxes, which are the subject of this case.
With regard to costs, attorney fees, all that’s premature at the point. So the Court. . . will not rule on that.
And other than costs and attorney fees, there really is nothing left in this case except for, as requested by [plaintiff’s counsel], I’m going to grant his motion for, in effect, a declaratory judgment in his favor ....

Shortly thereafter, the trial court entered an order of declaratory judgment that incorporated its oral rulings.2

E. THE CITY’S MOTION FOR SUMMARY DISPOSITION AND THE TRIAL COURT’S SECOND RULING

In October 2001, the city filed a motion for summary disposition requesting that the trial court enter judgments of tax foreclosure in each of the cases because the 120-day statutory waiting period had expired and the delinquent taxes remained unpaid.

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Related

City of Detroit v. 19675 Hasse
671 N.W.2d 150 (Michigan Court of Appeals, 2003)

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Bluebook (online)
258 Mich. App. 438, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-detroit-v-19675-hasse-michctapp-2003.