Howard v. Macomb County
Petition for certiorari denied on January 12, 2026
Issue: (1) Whether the government violated the Takings Clause’s “categorical duty” to pay just compensation for property taken in excess of the taxes, fees, and penalties, per Tyler v. Hennepin Cnty., by enacting a procedure that leaves most former owners without their homes and without compensation; and (2) whether, to the extent that Nelson v. City of New York requires tax debtors to exhaust state remedies prior to bringing a constitutional takings challenge in federal court, Nelson should be overruled.
| Date | Proceedings and Orders |
|---|---|
| 07/31/2025 | Application (25A139) to extend the time to file a petition for a writ of certiorari from August 17, 2025 to October 16, 2025, submitted to Justice Kavanaugh. |
| 08/11/2025 | Application (25A139) granted by Justice Kavanaugh extending the time to file until October 16, 2025. |
| 10/10/2025 | Petition for a writ of certiorari filed. (Response due November 14, 2025) |
| 10/30/2025 | Motion to extend the time to file a response from November 14, 2025 to December 15, 2025, submitted to The Clerk. |
| 10/31/2025 | Motion to extend the time to file a response is granted and the time is extended to and including December 15, 2025. |
| 12/15/2025 | Brief of respondent Macomb County in opposition filed. |
| 12/18/2025 | Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner. |
| 12/22/2025 | Reply of petitioner Faytima Howard filed. (Distributed) |
| 12/23/2025 | DISTRIBUTED for Conference of 1/9/2026. |
| 01/12/2026 | Petition DENIED. |