No. 21-5344

Edith Woodberry v. City of Detroit, Michigan

Lower Court: Sixth Circuit
Docketed: 2021-08-11
Status: Denied
Type: IFP
Response WaivedIFP
Tags: bankruptcy bankruptcy-court constitutional-obligation due-process eminent-domain fifth-amendment just-compensation public-policy takings
Key Terms:
Takings FifthAmendment DueProcess
Latest Conference: 2021-09-27
Question Presented (AI Summary)

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 Presented (OCR Extract)

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

Docket Entries

2021-10-04
Petition DENIED.
2021-08-26
DISTRIBUTED for Conference of 9/27/2021.
2021-08-25
Waiver of right of respondent City of Detroit to respond filed.
2021-08-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 10, 2021)

Attorneys

City of Detroit
Marc Nicholas SwansonMiller Canfield Paddock & Stone, PLC, Respondent
Marc Nicholas SwansonMiller Canfield Paddock & Stone, PLC, Respondent
Edith Woodberry
Edith Woodberry — Petitioner
Edith Woodberry — Petitioner