Edith Woodberry v. City of Detroit, Michigan
Takings FifthAmendment DueProcess
Whether the bankruptcy court can discharge the City of Detroit's constitutional obligation to pay just compensation after taking private property via eminent domain
QUESTION(S) PRESENTED a 1. It is against public policy and the United States Constitution to permit the bankruptcy court to discharge in bankruptcy the City of Detroit's mandatory obligation to pay just compensation after taking private property via eminent domain. 2. The fifth amendment of the United States Constitution bars the bankruptcy court from disallowing or discharging the City of Detroit’s constitutional obligation to pay Petitioner just compensation after the City of Detroit confiscated Petitioner’s real property under color of the Michigan eminent domain statute. 3. After the bankruptcy court determined that it did not have jurisdiction over Petitioner's claim for payment of just compensation, the bankruptcy court’s subsequent bankruptcy orders disallowing Petitioner's claim for payment of just compensation violated the United States Constitution fifth amendment due process clause and fifth amendment mandate requiring that the City of Detroit pay just compensation. 4. It is against public policy, the Michigan eminent domain statute, and the 5th amendment of the United States Constitution for the bankruptcy court to shift to the Petitioner the state’s (City of Detroit) mandatory duty and obligation to go forward with obtaining a final order authorizing the taking of Petitioner’s real property via eminent domain. 5. The bankruptcy power to disallow a claim does not supersede the 5th amendment requirement that the City of Detroit pay Petitioner just compensation