|Case Forum:||Michigan Court of Appeals|
|Keywords:||foreclosing governmental unit (FGU), public purpose|
Steven D. Mann (P67785) | Don M. Schmidt (P20005) | Miller, Canfield, Paddock and Stone, P.L.C. | 150 W. Jefferson Ave., Suite 2500 | Detroit, MI 48226 | 313-496-7509
Michigan Townships Association (MTA)
Bay City city council, a duly elected local legislative body, made a finding (by unanimous vote) that the acquisition of four parcels of tax-reverted property would stimulate private investment through the redevelopment of those parcels and thus would constitute a public purpose. The council also found that improving and selling those parcels would constitute economic development efforts that would ensure a healthy and growing tax base for the city. This finding was entirely within its statutory powers and authority. Nevertheless, the county treasurer, with no statutory authority to do so, took it upon himself to review and override that decision. The circuit court concluded that the acquisition of two of the four parcels
Plaintiff appeals as of right the trial court’s order denying its claim to declaratory and mandamus relief following a bench trial. For the reasons set forth in this opinion, we reverse.
|MSC requested LDF amicus brief?||No|
Starting in 2005, defendant, as the foreclosing governmental unit, began foreclosing on properties, but plaintiff did