No. 24-29

PennyMac Loan Services, LLC v. Roosevelt Associates, RIGP, et al.

Lower Court: Rhode Island
Docketed: 2024-07-11
Status: Denied
Type: Paid
Amici (1)Response Waived Experienced Counsel
Tags: constitutional-law due-process excess-equity just-compensation municipal-taking private-investors property-rights takings-clause tax-debt tax-sale
Key Terms:
Takings DueProcess FifthAmendment Securities JusticiabilityDoctri
Latest Conference: 2024-09-30
Question Presented (AI Summary)

Does the government violate the Takings Clause when it confiscates property for payment of a tax debt without allowing the property owner any means of recovering the value of the property in excess of the debt?

Question Presented (from Petition)

Questions Presented Under Rhode Island’s statutory scheme for collecting delinquent fire district fees and ad valorem real property taxes, a municipality took and conveyed to private investors the full value of two properties worth over $450,000.00 in exchange for back taxes, penalties, and interest of only $6,618.59. The Rhode Island Supreme Court summarily rejected Petitioner’s argument that Tyler v. Hennepin County prohibited Rhode Island’s method of tax sale under the Takings Clause because the local government gave the excess value in the property to private investors, rather than the state retaining it as happened in T’yler. The questions presented in this Joint Petition are: 1. Does the government violate the Takings Clause when it confiscates property for payment of a tax debt without allowing the property owner any means of recovering the value of the property in excess of the debt? 2. Is an _ otherwise unconstitutional taking insulated from the Constitution’s reach just because the confiscating municipality delivers the excess equity to private investors rather than to local governments?

Docket Entries

2024-10-07
Petition DENIED.
2024-08-28
DISTRIBUTED for Conference of 9/30/2024.
2024-08-27
Notice of Subsequently Decided Authority of PennyMac Loan Services, LLC submitted.
2024-08-27
Letter of August 27, 2024 from counsel for petitioner filed.
2024-08-12
Amicus brief of Pacific Legal Foundation submitted.
2024-08-12
2024-08-07
Waiver of right of respondent Rhode Island Office of Attorney General, pursuant to 28 U.S.C. § 240(b) and Rule 29.4 to respond filed.
2024-08-05
Waiver of right of respondent Coventry Fire District to respond filed.
2024-08-02
Waiver of right of respondents Power Realty, RIGP a/k/a Power Realty Group, RIGP, et al. to respond filed.
2024-07-09
Petition for a writ of certiorari filed. (Response due August 12, 2024)

Attorneys

Coventry Fire District
Thomas More DickinsonLaw Office of Thomas M. Dickinson, Respondent
Thomas More DickinsonLaw Office of Thomas M. Dickinson, Respondent
Pacific Legal Foundation
Christina Marie MartinPacific Legal Foundation, Amicus
Christina Marie MartinPacific Legal Foundation, Amicus
PennyMac Loan Services, LLC
Matthew Adams AbeeNelson Mullins Riley & Scarborough LLP, Petitioner
Matthew Adams AbeeNelson Mullins Riley & Scarborough LLP, Petitioner
Power Realty, RIGP a/k/a Power Realty Group, RIGP, et al.
Douglas H. SmithThe Law Office of Douglas H. Smith, Respondent
Douglas H. SmithThe Law Office of Douglas H. Smith, Respondent
Rhode Island Office of Attorney General, pursuant to 28 U.S.C. § 240(b) and Rule 29.4
Katherine Connolly SadeckRhode Island Department of Attorney General, Respondent
Katherine Connolly SadeckRhode Island Department of Attorney General, Respondent
The Coventry Fire District
Arthur Martin Read IIDel Sesto and Read, Inc., Respondent
Arthur Martin Read IIDel Sesto and Read, Inc., Respondent