Earlier this month, the U.S. District Court for the Southern District of West Virginia declined to dismiss a Section 1983 challenge against a West Virginia County in Grady v. Wood County. This ruling comes in the wake of the...more
A recent federal court decision has ruled that West Virginia must allow churches to incorporate, marking a significant shift in how religious organizations in the state can operate. This ruling opens up new opportunities for...more
The recent research by West Virgnia University, which developed a Zillow-inspired software to repurpose former mine lands for economic development, brings a fresh perspective on revitalizing Appalachian economies. This tool...more
On Friday, the Nebraska Supreme Court issued its opinions in Fair v. Continental Resources, No. S-21-074, and Nieveen v. TAX 106, No. S-21-364, following remand from the United States Supreme Court in the wake of Tyler v....more
8/26/2024
/ Deeds ,
Foreclosure ,
Forfeiture ,
Investors ,
Liability ,
NE Supreme Court ,
SCOTUS ,
Takings Clause ,
Tax Liens ,
Tax Sales ,
Tyler v Hennepin County Minnesota
In a recent case, the Michigan Supreme Court issued an opinion in Schafer v. Kent County, No. 164975, addressing the critical issue of surplus equity stemming from a tax foreclosure within the context of the state...more
In a landmark shift towards protecting delinquent taxpayer’s interest in surplus funds generated from tax lien foreclosures, Massachusetts enacted a law as a part of its 2025 budget to revise the way surplus funds are...more
In February, the United States District Court for the Eastern District of Michigan issued its opinion in Metro T. Properties, LLC v. County of Wayne, No. 2:23-cv-11457-LVP-KGA, 2024 WL 644515 (E.D. Mich. Feb. 15, 2024). Few...more
“The taxpayer must render unto Caesar what is Caesar’s, but no more.”
Tyler v. Hennepin County, No. 22-166, Slip Op. at 14 (May 25, 2023) -
Less than a month after oral argument, the United States Supreme Court ruled...more
5/26/2023
/ Class Action ,
Debt Collection ,
Eighth Amendment ,
Excessive Fines Clause ,
Fifth Amendment ,
Just Compensation ,
Oral Argument ,
SCOTUS ,
Takings Clause ,
Tax Debt ,
Tax Liens ,
Tax Sales ,
Tyler v Hennepin County Minnesota
After being retained to represent a client who has been served with a state court complaint, most defense attorneys can predict many of the questions the client will ask in the initial call. One such question is whether the...more
For years, small business debtors have struggled with the intricacies of Chapter 11, the debt limitations of Chapter 13 and Chapter 7 bankruptcy liquidations. Stringent requirements and procedural hurdles often made...more
In two separate announcements, the Federal Housing Finance Agency (FHFA) and the U.S. Department of Housing and Urban Development (HUD) both unveiled plans requiring servicers to provide additional options to consumers in the...more
The staff of the U.S. Consumer Product Safety Commission (“CPSC”) and Health Canada’s Consumer and Hazardous Safety Directorate (“Health Canada”) have jointly developed a comprehensive guidance document imploring...more