Case Results for Taxes and Assessing
Hometown Village of Marion Association v. Marion Township et. al., ---F.Supp.3d--- (E.D. Mich. 2021)
The plaintiff homeowner association sued a township, water authority, and electrical company, alleging constitutional violations and seeking to quiet title to a piece of property it alleged was improperly foreclosed upon and deeded to the Township, which the Township granted an easement upon to the water authority and electric company nearly a decade earlier to construct a water tower. Representing the water authority, RSJA moved for dismissal on grounds including that the lawsuit improperly collaterally attacked the state foreclosure judgment. In a published opinion, the District Court ruled that it lacked jurisdiction over the quiet title and declaratory judgment acts under the Tax Injunction Act since the relief requested would require the Court to question and vacate the state foreclosure judgment and to enjoin the collection of taxes in violation of that Act where state law provided adequate remedies.