Detroit Homeowners’ Tax Notice Class Suit Revived on Appeal (1)

A proposed class action filed by Detroit homeowners will proceed after a divided Sixth Circuit ruled their challenge to the untimely mailing of property tax assessment notices was properly filed in federal court.

A trial court dismissed the suit under the Tax Injunction Act, which it said barred its ability to hear the suit because Michigan courts could provide a “plain, speedy, and efficient” remedy. Two judges of the US Court of Appeals for the Sixth Circuit reversed the dismissal Monday in an opinion by Judge Julia Smith Gibbons, finding that a state remedy is “uncertain” ...