Hart v. City of Detroit

331 N.W.2d 438, 416 Mich. 488
CourtMichigan Supreme Court
DecidedDecember 23, 1982
Docket65370, (Calendar No. 4)
StatusPublished
Cited by65 cases

This text of 331 N.W.2d 438 (Hart v. City of Detroit) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hart v. City of Detroit, 331 N.W.2d 438, 416 Mich. 488 (Mich. 1982).

Opinions

Fitzgerald, C.J.,

and Williams, Coleman, and Ryan, JJ. This opinion was written by Justice Blair Moody, Jr., prior to his death on November 26, 1982. We concur in this opinion and adopt it as our own.

The original complaint in this inverse condemnation class action was filed May 9, 1974. Proper notice was given to all eligible class members. Owners of 42 parcels of land joined the class. On August 18, 1978, the trial court granted defendant’s motion for accelerated judgment on the ground that all but seven of the plaintiffs’ claims were barred by the three-year statute of limitations pertaining to damages for injuries to persons and property.

The Court of Appeals affirmed the trial court’s decision, holding that the three-year statute of limitations was the proper statute to employ. 97 Mich App 697; 296 NW2d 151 (1980). This Court granted leave to appeal to determine whether the three-year statute of limitations for "injuries to persons and property” applies to inverse condemnation actions and, if not, what limitations period, if any, is applicable. Furthermore, if we find that a statute of limitations is applicable, we are asked to determine when the limitation period would begin to run as to the properties in this case.

[493]*493Facts

The Court of Appeals decision succinctly set forth the pertinent facts as follows:

"This appeal is submitted on a stipulated statement of facts. The statement indicates that the parcels of realty in question are located within the boundaries of defendant’s Elmwood Park Urban Rehabilitation Project No. 3 (Elmwood 3). A part of Elmwood Park,2 the affected area contains approximately 1,400 separate parcels of land. Elmwood 3 was originally conceived by city planners in the mid-to-late 1950’s. As part of its urban renewal efforts, defendant City of Detroit has acquired and demolished the structures upon virtually every parcel within Elmwood Park in order to facilitate redevelopment.
"All parties have stipulated that the actions of defendant in the Elmwood 3 project resulted in a de facto taking of plaintiffs’ property without just compensation therefor. However, in each instance the subject properties were either directly or indirectly acquired by defendant as a result of nonpayment of taxes.3 This occurred after the de facto takings but well prior to the commencement of any formal condemnation proceedings by defendant. The plaintiffs now appealing were not joined as parties to any of 12 formal condemnation proceedings filed by defendant from August 3, 1971, to November 27, 1972.
"On May 9, 1974, the within action was instituted, well after all the parcels involved in this controversy were conveyed for nonpayment of taxes, and more than three years after the right of equity of redemption had expired with respect to every parcel.
"Because this right had expired with respect to the parcels formerly owned by the plaintiffs on appeal, the lower court concluded that each plaintiff’s cause of action accrued, at the latest, on the date of expiration of their right to redeem. Applying (as noted hereinbe-fore) the three-year statute of limitations found in MCL 600.5805(7); MSA 27A.5805(7), the trial court held that the claims of the plaintiffs now appealing were barred [494]*494thereby because their claims accrued, at the latest, more than three years prior to the institution of the class action suit, and were thus without the statute of limitations.”

Hart, supra, 97 Mich App 700-701.

I

Inverse condemnation is a taking of private property for a public use without the commencement of condemnation proceedings. Under the Michigan1 and United States

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Bluebook (online)
331 N.W.2d 438, 416 Mich. 488, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hart-v-city-of-detroit-mich-1982.