Michigan Tax Tribunal Petition 4535 with Exhibits.pdf

Eschaton LLC Petitioner Vs. City Of Detroit, Wayne County Respondents · 26-001261-TT

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STATE OF MICHIGAN 

MICHIGAN TAX TRIBUNAL 

 

ESCHATON LLC, 

a Michigan Limited Liability Company, 

Petitioner, 

 

v. 

 

CITY OF DETROIT and 

WAYNE COUNTY TREASURER, 

Respondents. 

 

Parcel No.: 0300-3238 

Property Address: 4535 Chrysler, Detroit, MI 48201 

 

 

PETITION 

Petitioner, by Counsel Darwyn P. Fair, states: 

I. JURISDICTION 

1. 

This Petition is brought pursuant to MCL 205.731(a), granting the Michigan Tax 

Tribunal jurisdiction over matters relating to assessment, exemption, and taxation of real property. 

2. 

This Petition is further brought pursuant to MCL 211.53a and/or MCL 211.53b, as 

the assessment and taxation of the subject property constitute a clerical error and/or mutual mistake 

of fact, including failure to recognize the property’s exempt status. 

3. 

This case concerns: 

a. 

Improper classification of exempt property as taxable, and 

b. 

Improper inclusion of the property on the tax roll. 

4. 

This Petition seeks review of Respondents’ determination maintaining the property 

as taxable despite exemption eligibility and subsequent correction. 

II. PARTIES

5. 

Petitioner, Eschaton LLC, is a Michigan limited liability company and the owner 

of the subject property. 

6. 

The subject property has been operated for charitable and nonprofit purposes, 

including use by and in conjunction with nonprofit organizations. 

7. 

Respondent City of Detroit is the assessing authority responsible for classification, 

valuation, and exemption determinations. 

8. 

Respondent Wayne County Treasurer is responsible for collection, delinquency 

enforcement, and foreclosure proceedings. 

III. PROPERTY INFORMATION 

9. 

The subject property is located at: 4535 Chrysler, Detroit, Michigan 48201. 

10. 

Parcel Identification Number: 0300-3238. 

IV. TAX YEARS AT ISSUE 

11. 

The tax years at issue are: 2019 through 2024, including delinquent 2022 taxes 

forming the basis of foreclosure proceedings. 

V. STATEMENT OF FACTS 

12. 

Petitioner submitted property tax exemption applications beginning as early as 

2019, asserting eligibility under MCL 211.7 based on the charitable and nonprofit use of the 

property. 

13. 

Petitioner continued to pursue exemption through subsequent years, including 

2020, 2021, 2022, 2023, and 2024, and relied on guidance from the City of Detroit Assessor’s 

Office. 

14. 

The City of Detroit Assessor’s Office directed Petitioner to apply for exemption 

through the standard assessment process, including review by the Board of Review.

15. 

Petitioner sought exemption through the assessment process, including review by 

the Board of Review, but the exemption was not properly granted or implemented during the 

relevant tax years. 

16. 

As a result, the subject property remained on the tax roll as taxable, despite 

qualifying for exemption based on its charitable and nonprofit use. 

17. 

The subject property was assessed as taxable and placed on the tax roll for the 

relevant tax years, including 2022, resulting in the assessment of property taxes, penalties, interest, 

fees, and foreclosure-related charges. 

18. 

These assessments were treated as delinquent and formed the basis of foreclosure 

proceedings by the Wayne County Treasurer. 

19. 

In March 2023, Wayne County Corporation Counsel confirmed that the City had 

indicated the subject parcel would be granted exemption and removed from foreclosure. 

20. 

Despite these acknowledgments, the property remained improperly taxed. 

21. 

A Judgment of Foreclosure was entered on March 25, 2025, based on delinquent 

taxes arising from the improper assessment. 

22. 

Petitioner filed applications for real property tax exemption concerning the subject 

property for tax years 2019, 2020, 2021, 2022, 2023, and 2024. 

23. 

Upon information and belief, the assessed values, taxable values, state equalized 

values, and related Board of Review determinations issued for tax years 2019 through 2024 are 

inapplicable, void, and/or unenforceable because the subject property qualified for exemption 

during each of those tax years. 

24. 

Petitioner further alleges that Respondents improperly continued to place taxable 

values and assessments upon the property despite pending and/or submitted exemption 

applications for each relevant tax year.

25. 

Upon information and belief, any valuation determinations issued by the City of 

Detroit Board of Review for tax years 2019, 2020, 2021, 2022, 2023, and 2024 were made contrary 

to the exempt status of the property and therefore should not form the basis for taxation, 

delinquency, foreclosure, penalties, interest, or fees. 

26. 

The subsequent reduction and/or correction of taxable values to zero by the July 

2025 Board of Review further demonstrates that the prior assessments and taxable values were 

erroneous and inconsistent with the exempt status of the property. 

27. 

The July 2025 Board of Review Affidavit of Correction for Parcel No. 0300-3238 

reflected: 

• Current Assessed Value: $288,900. 

• Current Taxable Value: $280,980. 

• Corrected Assessed Value: $0; and 

• Corrected Taxable Value: $0. 

28. 

Upon information and belief, the subsequent reduction and/or correction of taxable 

values to zero by the July 2025 Board of Review demonstrates that the prior assessments and 

taxable values were erroneous and inconsistent with the exempt status of the property. 

29. 

The continued taxation and classification of the property as taxable constitutes: 

• A clerical error; 

• A mutual mistake of fact; and/or 

• An unlawful denial or failure to recognize exemption status. 

30. 

The improper assessments resulted in: 

• Unlawful taxes; 

• Delinquency determinations; 

• Penalties, fees, and interest; 

• Foreclosure proceedings; and

• Entry of Foreclosure Judgment. 

31. 

Petitioner continues to suffer harm from the improper taxation and assessment of 

exempt property. 

VI. TIMELINESS 

32. 

This Petition is timely pursuant to MCL 211.53a and 211.53b, as it seeks correction 

of clerical error and mutual mistake of fact. 

33. 

These statutes permit correction of the tax roll beyond standard appeal deadlines. 

34. 

The improper assessment continued through the 2024 tax year and resulted in 

foreclosure proceedings culminating in the March 25, 2025, Judgment of Foreclosure, making 

Tribunal review appropriate and necessary. 

35. 

That was a result of the above Petitioner filing a Quiet Title Action in the Wayne 

County Circuit Court, Case No. 25-015101-CB. (See Exhibit 1) 

36. 

That the case was dismissed because of the lack of jurisdiction. (See Exhibit 2) 

37. 

The case is currently pending before the Michigan Court of Appeals. (See Exhibit 

3) 

VII. CLAIMS FOR RELIEF 

COUNT I 

Improper Denial / Failure to Recognize Exemption 

(MCL 211.7) 

 

38. Petitioner realleges paragraphs 1–37. 

39. 

The subject property qualifies for exemption as property owned and/or used for 

charitable and nonprofit purposes under MCL 211.7. 

40. 

Petitioner complied with all requirements for exemption, including application and 

cooperation with the City of Detroit Assessor’s Office. 

41. 

Respondents failed to properly grant or implement exemption. 

42. 

As a result, the property was improperly assessed and taxed.

COUNT II 

Clerical Error / Mutual Mistake of Fact 

(MCL 211.53a / MCL 211.53b) 

43. 

realleges paragraphs 1–42. 

44. 

The classification of the property as taxable, despite: 

a. 

Exemption applications, 

b. 

Government acknowledgment of exemption, and 

c. 

Subsequent correction efforts, 

constitutes a clerical error and/or mutual mistake of fact. 

45. 

The tax roll does not reflect the true and correct status of the property. 

VIII. RELIEF REQUESTED 

WHEREFORE, Petitioner respectfully requests that the Tribunal: 

A. Determine that the subject property is exempt from taxation under MCL 211.7 and 

related statutory provisions; 

B. Determine that the assessments, taxable values, state equalized values, and Board of 

Review determinations for tax years 2019 through 2024 are invalid, inapplicable, void, and/or 

unenforceable; 

C. Order correction of the assessment roll pursuant to MCL 211.53a and/or MCL 211.53b; 

D. Remove and cancel all assessed taxable values associated with the subject property for 

tax years 2019 through 2024; 

E. Cancel all improper taxes, delinquent taxes, penalties, fees, special assessments, 

foreclosure charges, and interest assessed against the property; 

F. Vacate and remove all tax liabilities associated with Parcel No. 0300-3238 arising from 

the improper denial or failure to recognize exemption status;

G. Order refunds, credits, or reimbursement of any taxes, penalties, fees, or interest 

previously paid by Petitioner; 

H. Determine that the foreclosure-related tax liabilities were improperly imposed because 

the property qualified for exemption during the relevant tax years; 

I. Grant all other relief within the Tribunal’s equitable and statutory authority. 

 

IX. EXHIBITS 

Exhibit A – Circuit Court Complaint 

Exhibit B – Circuit Court Orders of Dismissal 

Exhibit C – Michigan Court of Appeal Claim of Appeal 

 

Respectfully submitted, 

 

DARWYN P. FAIR LAW, PLLC 

 

/s/ Darwyn P. Fair 

DARWYN P. FAIR (P31266) 

Attorney for Petitioner 

535 Griswold, Ste. 111-554 

Detroit, MI 48226 

(313) 967-0595 

Dated: May 21, 2026 

dpfair@dpfairlaw.com

EXHIBIT A

1 

 

STATE OF MICHIGAN 

 

IN THE WAYNE COUNTY CIRCUIT COURT 

 

Plymouth United Church of Christ, 

a Michigan Ecclesiastical Corporation, 

Eschaton LLC, a Michigan Limited 

Liability Corporation, and M-R Non Profit 

Housing Corporation, a Michigan Non Profit 

Corporation, 

 

 

 

Plaintiffs, 

 

 

 

Case No. 25-015101-CB 

 

v. 

 

 

 

 

 

 

 

Hon. David J. Allen 

 

 

Wayne County Treasurer and City of Detroit, 

 

 

 

Defendants. 

 

Darwyn P. Fair (P31266) 

Darwyn P. Fair Law, PLLC 

Attorney for Plaintiffs 

535 Griswold, Ste. 111-554 

Detroit, MI 48226 

(313) 967-0595 

dpfair@dpfairlaw.com 

 

 

 

There is no pending civil action arising out of a similar transaction or occurrence alleged in the 

Complaint. However, there were pending civil actions arising out of similar transactions or 

occurrences alleged in the Complaint in Case No. 21-007151-CH before the Honorable Timothy 

Kenny and Case No. 22-006263-CH before the Honorable Patricia Fresard 

 

AMENDED COMPLAINT 

 

NOW COMES the Plaintiffs, Plymouth United Church of Christ, Eschaton LLC, and M-R 

Non Profit Housing Corporation by their attorney, Darwyn P. Fair and states their Complaint 

against the Defendant, Wayne County Treasurer and Defendant City of Detroit as follows: 

JURISDICTION AND VENUE 

 

Document received by the MI Wayne 3rd Circuit Court.

2 

 

1. 

This Court has jurisdiction of this case, which seeks equitable relief pursuant to 

MCL 600.601, MCL 600.605, MCR 2.605 (A) and (B) and Joy Mgt. Co. v. Detroit,176 Mich.App. 

722, 728, 440 N.W.2d 654 (1989) 

2. 

Venue is proper in Wayne County pursuant to MCL 600.1621 because the properties 

at issue are located in Wayne County 

PARTIES 

 

3. 

Plaintiff, Plymouth United Church of Christ (“Plaintiff” or “Plymouth”) is 

located in the City of Detroit, Wayne County, State of Michigan and is the owner of real property 

located in the City of Detroit, Wayne County, Michigan, commonly known as 4801 Chrysler, 

Detroit, Michigan and 4901 Chrysler, Detroit, Michigan. (See Exhibit 1) 

4. 

Plaintiff, Eschaton LLC (“Plaintiff” or “Eschaton”) is located in the City of 

Detroit, Wayne County, State of Michigan and is the owner of real property located in the City of 

Detroit, Wayne County, Michigan, commonly known as 4535 Chrysler, Detroit, Michigan. 

(See Exhibit 2) 

5. 

Plaintiff, M-R Non Profit Housing Corporation (“Plaintiff” or “MR 

Nonprofit”) is located in the City of Detroit, Wayne County, State of Michigan and owner of real 

property located in the City of Detroit, Wayne County, Michigan, commonly known as 4545 

Chrysler, Detroit, Michigan. (See Exhibit 3) 

6. 

Defendant Wayne County Treasurer (“Defendant Wayne County”) is located in the 

City of Detroit, Wayne County, State of Michigan. 

7. 

Defendant City of Detroit (“Defendant Detroit”) is a municipal corporation 

organized under the laws of the State of Michigan, located in Wayne County, Michigan. 

8. 

Defendant Detroit, through its Office of the Treasury, has issued official property 

tax statements for the subject properties. (See Exhibits 4) 

Document received by the MI Wayne 3rd Circuit Court.

3 

 

9. 

Despite Plaintiffs’ applications for Real Property Tax Exemptions with the 

Defendant Detroit since 2019, Defendant Detroit has failed to grant exemptions or otherwise 

reconcile the tax liability status with Wayne County. (See Exhibits 5) 

10. 

Plaintiffs’ properties are scheduled for a Wayne County public tax foreclosure 

auction on October 3, 2025, (See Exhibit 7) as more fully described as follows: 

S-E WARREN PT OF LOTS 11 THRU 14 & N 30 FT OF VAC HANCOCK AVE 

MCLAUGHLINS SUB OF BLK B L10 P17 PLATS, WCR 3/57 DESC AS FOLS BEG AT 

INTSEC OF C/L OF HANCOCK AVE, 60 FT WD & ER/W LINE OF ST ANTOINE ST 50 FT 

WD TH ALG C/L OF HANCOCK AVE, N 63D 54M 00S E 430.94 FT TO POB TH N 26D 11M 

13S W 96.0 FT TH N 63 D 54M 00S E 151.58 FT TO A PTON WLY R/W LINE OF WALTER 

P CHRYSLER SERV DR, TH ALG SD R/W LINE S 26 D 11M 26S E 96.0 FT TO APTE ALG 

C/L HANCOCK AVE, TH ALG SDC/L S 63D 54M 00S W 151.58 TO PO3.3/ 14,552 SQ FT 

0.33406 AC. 

 

Tax Parcel ID:03001350 

Commonly known as 4801 Chrysler, Detroit, Michigan 48201 

 

S-E WARREN PT OF LOTS 11 THRU 14 & S 1 /2 OF VAC ALLEY LYING N OF SD LOTS 

MCLAUGHLINS SUB L 10 P17 PLATS, W C R 3/5 DESC AS FOLS; BEG AT A PTE OF 

INTSEC OF C/L OF HANCOCK AVE, 60 FT WD & E R/W LINE OF ST ANTOINE, 50 FT 

WD, TH ALG C/L HANCOCK AVE N 63 D 54M 00S E 430.94 FT TO A PTE TH N 26 D 11 M 

13S W 96.0 FT TO POB TH N 26 D 11M 13S W 115.9 FT TO A PTE ON C/L OF 20 FT VAC 

ALLEY, TH N 63 D 54M 00S E ALG SD ALLEY C/L 151.57 FT TO A PTE ON WLY R/W 

LINE OF WALTER CHRYSLER SERVICE DRIVE TH ALG SD R/W LINE S 26D 11M 26S E 

115.9 FT TO A PTETH S 63D 54M 00S W 151.58 FT TO POB 3/ 17,567.4 SQ FT 0.403291. 

 

Tax Parcel ID:03001349 

Commonly known as 4901 Chrysler, Detroit, Michigan 48201 

 

E ST. ANTOINE PT OF LOTS 7 THRU 15 & N 1/2 OF VAC ST. JOSAFACTS CT 2 FT WD 

ADJ & S PT OF VAC GARFIELD AVE 60 FT WD ADJ & E/W VAC ALLEY 12.9 FT ADJ & 

VAC N/S 10 FT ALLEY ADJ LOT 15 WOLANSKI & ZIETEKS SUB L15 PLATS, WCR 3/53 

DESC AS FOLS BEG AT A PTE OF IN TESECT WITH NLY LINE OF CANFIELD AVE 60 

FT WD & ELY LINE OF ST. ANTOINE ST 50 FT WD. TJ M 64D 01,272 E 200 FT’ TJ M 26D 

04M 29S W 181.90 FT TO POB; TH N 26D 04M 298 W 211.90 FT, THN 64D 01M 27 SEC 

173.20 FT, TH N 25D 58M 33S W 15.00 FT TH N 64D 01M27S E 100.22 FT; TH S 26D 04M 

29S E 64.87 FT; TH S 64 D 00M 23S W 96.81 FT TH S 26D 04M 29S E 162.00 FT; TH S 64 D 

01M 27S W 176.64 FT TO PCB 3 43,734 SQ FT 1.004 AC. 

 

Tax Parcel ID:03003238 

 

Commonly known as 4535 Chrysler, Detroit, Michigan 48201 

Document received by the MI Wayne 3rd Circuit Court.

4 

 

 

E ST ANTOINE LOTS 1 THRU 6 PT OF LOTS 7 THRU 10 & PT OF E/W VAC ALLEY 12.9 

FT ADJ & 15 FT N/S VAC ALLEY ADJ; ALSO PT OF VAC GARFIELD AVE 60 FT WD ADJ 

& N 10 FT VAC ST JOSAFATS CT 20 FT WD ADJ WOLANSKI & ZIETEKS SUB L15 P26 

PLATS WCR 3/53 DESC AS FOLS: BEG AT PTE OF INTE-SEC WITH NLY LINE OF 

CANFIELD AVE60FT WD & ELY LINE OF ST ANTOINEST 50 FT WD; TH N 64D 01M 27S 

E 200 FT; TH N 26D 04M 29S W 181 .90FT; TH N 640 01M 27S E 176.64 FT TO POB: TH N 

26D 04M 29S W 162 FT: TH N 64D 001M 23S E 96.81 FT: TH N 26D 04M 29S W 64.87 FT; 

TH N N64D 01M 27S E 110.85 FT TO A PTE ON WLY R/W LINE OF WALTER P CHRY-

SLER SERVICE DR; TH S 26D 11M 26SE 226.90 FT; TH S 64D 01M 27S W 208.12 FT TO 

POB 3/ 40,903 SQ FT 0.939 AC. 

 

Tax Parcel ID:03003239 

Commonly known as 4545 Chrysler, Detroit, Michigan 48201 

 

11. 

Defendant Detroit through the City of Detroit Treasury has issued official property 

tax statements indicating that no delinquent taxes or liabilities are owed on the subject properties. 

(See Exhibit 5) 

12. 

However, Defendant Detroit’s tax statements only address liabilities on the 

Defendant Detroit’s books and fail to reconcile or eliminate alleged liabilities reported by the 

Wayne County Treasurer for the tax years 2019 to the present. (See Exhibit 4) 

13. 

Plaintiffs have filed Applications for Real Property Tax Exemption with the 

Defendant Detroit through the Office of the Chief Financial Officer-Assessor since 2019, to no 

avail, leaving Plaintiffs exposed to foreclosure proceedings by Wayne County despite the 

Defendant Detroit’s own acknowledgment of no outstanding tax debt. (See Exhibits 5) 

14. 

Plaintiffs have attempted to resolve this matter informally, but Defendant Wayne 

County has refused to remove the properties from the auction roll. 

COUNT I 

WRIT OF MANDAMUS 

WAYNE COUNTY TREASURER 

 

15. 

Plaintiffs incorporate by reference all preceding paragraphs. 

16. 

Under Michigan law, Defendant Wayne County has a legal duty to perform the 

foreclosure process properly and validly by providing proper notice. 

Document received by the MI Wayne 3rd Circuit Court.

5 

 

17. 

Defendant Wayne County failed to comply with Michigan property tax foreclosure 

statutes process by providing proper notice, and no alternative remedies are available See Delly v. 

Bureau of State Lottery, 183 Mich. App. 258 (1990), Keaton v. Village of Beverly Hills, 202 Mich. 

App. 681 (1993), MCL 211.78 et seq., 

18. 

Plaintiffs have attempted to resolve this matter informally, but Defendant Wayne 

County has refused to remove the properties from the auction roll. 

19. 

Plaintiffs seek a Writ of Mandamus compelling Defendant Wayne County to: 

a. properly notify Plaintiffs of the foreclosure. 

b. cancel the auction that begins on October 3, 2025. 

c. Correct the property records to reflect that Plaintiffs are the proper owner of 

the subject property. 

COUNT III 

WRIT OF MANDAMUS 

CITY OF DETROIT 

 

20. 

Plaintiffs incorporate by reference all preceding paragraphs. 

21. 

Under Michigan law, Defendant Detroit has a legal duty to issue accurate official 

property tax statements. General Property Tax Act (GPTA) M.C.L.A. 211.10, et. al. 

22. 

Defendant Detroit has issued official property tax statements indicating that no 

delinquent taxes or liabilities are owed on the subject properties. (See Exhibit 4) 

23. 

However, Defendant Detroit’s tax statements only address liabilities on the 

Defendant Detroit’s books and fail to reconcile or eliminate alleged liabilities reported by the 

Wayne County Treasurer for the tax years 2019 to the present. 

24. 

Plaintiffs have filed Applications for Real Property Tax Exemption with the 

Defendant Detroit since 2019, to no avail, leaving Plaintiffs exposed to foreclosure proceedings 

by Wayne County despite the Defendant Detroit’s own acknowledgment of no outstanding tax 

debt. (See Exhibits 5) 

Document received by the MI Wayne 3rd Circuit Court.

6 

 

25. 

Plaintiffs have attempted to resolve this matter informally, but Defendant Detroit 

has failed to reconcile or eliminate alleged liabilities reported by the Wayne County Treasurer for 

the tax years 2019 to the present. 

26. 

Plaintiff seeks a Writ of Mandamus compelling Defendant Detroit to: 

a. properly issue official property tax statements indicating that no delinquent 

taxes or liabilities are owed on the subject properties since 2019. 

b. Correct the property records to reflect that no delinquent taxes or liabilities are 

owed on the subject properties since 2019. 

COUNT IIII 

DECLARATORY RELIEF 

 

27. 

Plaintiffs hereby incorporate by reference each and every prior allegation contained 

herein in their entirety, as if fully rewritten herein. 

28. 

That MCR 2.605 (A) and (B) provide as follows: 

(A) 

Power to Enter Declaratory Judgment 

(1) 

In a case of actual controversy within its jurisdiction, a Michigan court of 

record may declare the rights and other legal relations of an interested party seeking a declaratory 

judgment, whether or not other relief is or could be sought or granted. 

(2) 

For the purpose of this rule, an action is considered within the jurisdiction 

of a court if the court would have jurisdiction of an action on the same claim or claims in which 

the plaintiffs sought relief other than a declaratory judgment. 

(B) 

Procedure. The procedure for obtaining declaratory relief is in accordance with 

these rules, and the right to trial by jury may be demanded under the circumstances and in the 

manner provided in the constitution, statutes, and court rules of the State of Michigan. 

29. 

As more fully set forth infra, an actual controversy exists in which the parties must 

ascertain their rights, duties and right to title to the Subject Property. 

Document received by the MI Wayne 3rd Circuit Court.

7 

 

WHEREFORE, Plaintiffs pray this Court declares the rights and interests of the parties. 

COUNT IV 

QUIET TITLE 

WAYNE COUNTY TREASURER 

 

30. 

That Plaintiffs hereby incorporate by reference each and every prior allegation 

contained herein in their entirety, as if fully rewritten herein. 

31. 

Plaintiffs’ properties are scheduled for a Wayne County public tax foreclosure 

auction on October 3, 2025. 

32. 

Defendant Detroit has issued official property tax statements indicating that no 

delinquent taxes or liabilities are owed on the subject properties. (See Exhibit 5) 

33. 

Despite this, Defendant Wayne County Treasury has proceeded to list and advertise 

the properties for tax foreclosure auction. (See Exhibit 6) 

34. 

That as a result of the above Plaintiffs do not have legal title to the subject 

properties. 

WHEREFORE Plaintiffs pray for the entry of judgment: 

A. 

Granting Plaintiffs all legal title to the subject properties described above, 

B. 

Awarding Plaintiffs all damages incurred by Plaintiffs as a result of 

Defendant(s)’ actions herein, 

C. 

Awarding Plaintiffs costs and attorney’s fees; and 

D. 

Awarding any other relief that this Court deems just and equitable, with cost 

and fees awarded to Plaintiffs so wrongfully incurred. 

COUNT V 

WRONGFUL FORECLOSURE (VIOLATION OF MCL 211.78 ET SEQ.) 

WAYNE COUNTY TREASURER 

 

35. 

Plaintiffs incorporate by reference all preceding paragraphs. 

Document received by the MI Wayne 3rd Circuit Court.

8 

 

36. 

Defendant Wayne County violated Michigan property tax foreclosure statutes, 

including MCL 211.78 et seq., by failing to provide proper notice to Plaintiffs regarding the 

delinquent taxes and foreclosure proceedings. 

37. 

Defendant Wayne County’s actions constitute wrongful foreclosure under MCL 

211.78 et seq., as Plaintiffs were not properly notified of the foreclosure process, depriving them 

of the opportunity to redeem the property before foreclosure. 

38. 

Defendant Wayne County’s inclusion of Plaintiffs’ properties in the foreclosure 

auction despite no tax delinquency is unlawful, exceeds statutory authority, and constitutes 

wrongful foreclosure. 

WHEREFORE Plaintiffs pray for the entry of judgment: that there are no delinquent taxes 

or liabilities owed on the subject properties since 2019 and correct the property records to reflect 

that no delinquent taxes or liabilities are owed on the subject properties since 2019. 

COUNT VI 

VIOLATION OF DUE PROCESS (MICH. CONST. 1963, ART. I, §17; U.S. CONST. 

AMEND. XIV) 

WAYNE COUNTY TREASURER 

 

39. 

Plaintiffs incorporate by reference all preceding paragraphs. 

40. 

Defendant Wayne County violated Plaintiffs’ due process rights under Article I, 

§17 of the Michigan Constitution and the Fourteenth Amendment to the U.S. Constitution by 

failing to provide adequate notice of the foreclosure proceedings. 

41. 

By proceeding with the auction without lawful tax liability, Defendant Wayne 

County deprives Plaintiffs of their property rights without due process of law. 

42. 

That as a result of the above Plaintiffs do not have legal title to the subject 

properties. 

WHEREFORE Plaintiffs pray for the entry of judgment: 

A. 

Granting Plaintiffs all legal title to the subject properties described above, 

Document received by the MI Wayne 3rd Circuit Court.

9 

 

B. 

Awarding Plaintiffs all damages incurred by Plaintiffs as a result of 

Defendant(s)’ actions herein, 

C. 

Awarding Plaintiffs costs and attorney’s fees; and 

D. 

Awarding any other relief that this Court deems just and equitable, with cost 

and fees awarded to Plaintiffs so wrongfully incurred. 

COUNT VII 

DECLARATORY AND INJUNCTIVE RELIEF 

 

43. 

Plaintiffs incorporate by reference all preceding paragraphs. 

44. 

Since Defendant Wayne County is going forward with the auction in violation of 

the numerous Counts above Plaintiffs have a great likelihood of success on the merit of the case. 

(See Exhibit 5) 

45. 

The irreparable harm is obvious, the subject matter is Real Property, and the 

Plaintiffs would ultimately be evicted from the subject property with no adequate remedy at law. 

46. 

The harm to the Defendant Wayne County is considerably less if the Temporary 

Restraining Order is issued than the harm to the Plaintiffs if the Temporary Restraining Order does 

not issue for the reason that if Plaintiffs are evicted from the subject properties, the subject property 

will most probably be vandalized and the value of the property will be greatly diminished. While 

on the other hand, if the Temporary Restraining Order is issued and continued the subject property 

is maintained. 

47. 

The public interest clearly weighs in favor of Plaintiffs in that vandalized, vacant 

property lowers the property values of the properties in the neighborhood. 

48. 

That Notice to the Defendants is not required because such notice would precipitate 

further injury to Plaintiffs as any efforts to continue with the foreclosure must be discontinued 

immediately. 

Document received by the MI Wayne 3rd Circuit Court.

10 

 

49. 

That the right to have equitable controversies dealt with by equitable methods is as 

sacred as the right of trial by jury. Brown v. Kalamazoo Circuit Judge, 75 Mich 274 at 284, (1989). 

In the case at bar, upon information and belief, Defendant Wayne County have gone forward with 

the auction. (See Exhibit 6) 

50. 

That after hearing the evidence, the Court may grant a constructive trust over the 

property in favor of Plaintiffs. A constructive trust is an equitable remedy that the court may 

impose where the facts justify it, In re Estate of Swantek, 172 Mich App 509, 517; 432 NW2d 307 

(1988). Constructive trusts are creatures of equity. 

51. 

That Michigan has permitted its courts to exercise their equitable powers to 

preclude forfeiture or foreclosure under unusual circumstances or where the party against whom 

the action has been brought has raised a valid fraud claim. Mitchell v Dahlberg 215 Mich App 718, 

547 NW2d 74 (1996), quoting Senters v Ottawa Savings Bank, FSB, 443 Mich. 45, 56-57; 503 

NW2d 639 (1993). 

WHEREFORE, Plaintiffs pray that this Court enter an Order granting the following: 

A. 

A preliminary injunction prohibiting Defendant Wayne County, and those acting in 

concert with them, or receiving notice thereof, from proceeding with the auction; and 

B. 

Requiring Defendant Wayne County to show cause, at a date and time specified, as 

to why the preliminary injunction should not be made permanent; and 

C. 

Upon a hearing on the Order to Show Cause, enter a permanent injunction 

prohibiting Defendant Wayne County and those acting in concert with them, from auctioning the 

subject property; and 

D. 

Grant such other and further relief as is just and equitable. 

Respectfully Submitted, 

 

 

 

 

 

 

 

DARWYN P. FAIR LAW PLLC 

 

Document received by the MI Wayne 3rd Circuit Court.

11 

 

 

 

 

 

 

 

/s/ Darwyn P. Fair 

 

 

 

 

 

 

DARWYN P. FAIR (P31266) 

 

 

 

 

 

 

Attorney for Plaintiffs 

 

 

 

 

 

 

535 Griswold, Ste. 111-554 

 

 

 

 

 

 

Detroit, Michigan 48226 

Dated: September 29, 2025 

 

(313) 967-0595 

Document received by the MI Wayne 3rd Circuit Court.

EXHIBIT B

STATE OF MICHIGAN 

THIRD CIRCUIT COURT 

Plymouth United Church of Christ, et al, 

Plaintiffs, 

Case No. 25-015101-CB 

VS. 

Hon. David J. Allen 

Wayne County Treasurer and 

City of Detroit, 

Defendants. 

ORDER GRANTING CITY OF DETROIT’S 

MOTION FOR SUMMARY DISPOSITION 

At a session of the Court in the City of Detroit, 

Wayne County, Michigan on 

4/20/2026 

Present: Honorable 

David J. Allen 

This matter coming on for hearing on the City of Detroit’s motion for 

summary disposition under MCR 2.116(c)(4) in lieu of answer on the ground that 

the Court’s lacks subject matter jurisdiction over the claims against the City, for the 

reasons stated on the record on April 15, 2026, and in the City’s motion and briefs, 

IT IS HEREBY ORDERED: 

1. The City of Detroit’s motion for summary disposition is granted. 

2. This order, together with the order granting summary disposition to the 

Wayne County Treasurer, is a final order and closes the case. 

a: 

David J. Allen 

Date: 

4/20/2026

Approved as to form: 

/s/ James D. Noseda 

/s/ Mayada P. Saroki 

James D. Noseda (P52563) 

Mayada P. Saroki P58667 

City of Detroit Law Department 

Wayne County Corporation Counsel 

Attorney for City of Detroit 

Attorney for Wayne County Treasurer 

/s/ Darwyn P. Fair 

Darwyn P. Fair 

Darwyn P. Fair Law, PLLC 

Attorney for Plaintiffs

STATE OF MICHIGAN 

IN THE CIRCUIT COURT FOR THE COUNTY OF WAYNE 

PLYMOUTH UNITED CHURCH OF CHRIST, 

a Michigan Ecclesiastical Corporation, 

ESCHATON LLC, a Michigan Limited Liability 

Corporation, and M-R NON-PROFIT HOUSING 

CORPORATION, a Michigan Non-Profit Corporation, 

Plaintiffs, 

Case No.: 25-015101-CB 

Honorable David J. Allen 

v. 

WAYNE COUNTY TREASURER and 

ORDER GRANTING 

CITY OF DETROIT, 

WAYNE COUNTY TREASURER’S 

MOTIONS FOR SUMMARY DISPOSITION 

Defendants. 

AND DISMISSAL OF ACTION 

In Re: Parcel ID No. 03001350. — 4801 Chrysler, Detroit, MI 48201 

Parcel ID No. 03001349. — 4901 Chrysler, Detroit, MI 48201 

Parcel ID No. 03003238. — 4535 Chrysler, Detroit, MI 48201 

Parcel ID No. 03003239. — 4545 Chrysler, Detroit, MI 48201 

DARWYN P. FAIR (P31266) 

MAYADA P. SAROKI (P58667) 

Darwyn P. Fair Law, PLLC 

Assistant Corporation Counsel 

Attorney for Plaintiffs 

JAMES HEATH 

535 Griswold, Suite 111-554 

Wayne County Corporation Counsel 

Detroit, MI 48226 

Attorneys for Defendant, 

T: (313) 967-0595 

Wayne County Treasurer 

dpfair@dpfairlaw.com 

400 Monroe, Suite 290 

Detroit, MI 48226 

T: (313) 967-2294 

msaroki@waynecountymi.gov 

JAMES D. NOSEDA (P52563) 

City of Detroit Law Department 

Attorney for Defendant, 

City of Detroit 

2 Woodward Ave., Suite 500 

Detroit, MI 48226 

T: 

(313) 237-3057 

nosej@detroitmi.gov

ORDER GRANTING WAYNE COUNTY TREASURER’S 

MOTION FOR SUMMARY DISPOSITION AND DISMISSAL OF ACTION 

At a session of said Court, held in the 

C.A.Y.M.C. 

in the City of Detroit, Circuit Court for the 

County of Wayne, State of Michigan 

on 

4/20/2026 

PRESENT: HON 

David J. Allen 

CIRCUIT COURT JUDGE 

On April 15, 2026, the Court held a hearing on Defendant, Wayne County Treasurer’s, 

(the “Treasurer”) Motion for Summary Disposition pursuant to MCR 2.116(C)(4), (C)(5), (C)(7), 

(C)(8) and MCR 

2.116(I)(2) in Lieu of Answer filed in response to Plaintiffs, Plymouth United 

Church of Christ, Eschaton LLC and M-R Non-Profit Housing Corporation’s (collectively 

referred to as the “Plaintiffs”) Ex Parte Emergency Motion for Temporary Restraining Order and 

amended Complaint, and the court having heard oral arguments by the parties, having been 

appraised of the facts and having considered their legal briefs and for the reasons stated on the 

record: 

IT IS HEREBY ORDERED that the Wayne County Treasurer’s Motion for Summary 

Disposition is GRANTED. 

IT IS SO ORDERED. 

This Order along with the Order granting the City of Detroit’s Motion for Summary 

Disposition resolves the last pending claim and closes this case.

Approved as to form. 

Darwyn P. Fair Law, PLLC 

s/ 

Darwyn @. Fair (w/consent) 

DARWYN P. FAIR (P31266) 

Attorney 

for Plaintiffs 

City of Detroit Law Department 

s/ 

James D. Noseda 

_(w/consent) 

Wayne County Corporation Counsel 

s/ 

Mayada P.Saroki 

JAMES D. NOSEDA (P52563) 

Attorney for Defendant, 

City of Detroit 

MAYADA P. SAROKI (P58667) 

Attorney for Defendant, 

Wayne County Treasurer

EXHIBIT C

JIS Code: COA 

STATE OF MICHIGAN 

CASE NO. 

JUDICIAL DISTRICT 

CIRCUIT 

3RD 

JUDICIAL CIRCUIT 

25-015101-CB 

COUNTY 

CLAIM OF APPEAL 

DISTRICT 

[CJ IN THE COURT OF APPEALS 

PROBATE 

Court address 

Court telephone no. 

2 WOODWARD AVENUE, DETROIT, MI 48226 

(313) 224-0250 

Plaintiff's/Petitioner’s name(s) and address(es) 

[¥] Appellant 

Defendant's/Respondent’s name(s) and address(es) 

[J Appellant 

Plymouth United Church of Christ, Eschaton 

Appellee 

Wayne County Treasurer and City of 

1 Appellee 

LLC and M-R Non Profit Housing Corporation 

v | Detroit 

Plaintiff's attorney, bar no., address, and telephone no. 

Darwyn P. Fair (P31266) 

535 Griswold, Ste. 111-554 

Detroit, MI 48226 

313-967-0595; dpfair@dpfairlaw.com 

Defendant's attorney, bar no., address, and telephone no. 

James D. Noseda P52563 

2 Woodward Ave. Det MI 48226 313-237-3057 

Mayada P Saroki P58667 

400 Monroe, Det MI 48226 313-967-2294 

In the matter of 

Other interested party(ies) of probate matter 

1. Plymouth, Eschaton and M-R NonProfit 

claims an appeal from a final judgment or final order entered on 

Name 

April 20, 2026 

in the Wayne County Circuit Court 

Court of the State of Michigan, 

Date 

Court name and number or county 

by 

[district judge 

circuit judge 

David J. Allen 

[J probate judge 

[district court magistrate 

Name of judge or district court magistrate 

w N 

. Wl a. The transcript has been ordered. 

[Jb. The transcript has been filed. 

[Jc. No record was made. 

Bar no. 

.Bondon appealis 

~~ [lfiled. 

[Jattached. 

 [Jwaived. 

not required. 

Approved, SCAO 

Form MC 55, Rev. 9/23 

MCL 15.240, MCL 710.65, MCR 4.401(D), MCR 7.104(C), 

MCR 7.108(C)(3), MCR 7.204(D) 

Page 1 of 2 

Distribute form to: 

Court of Appeals/Circuit court 

Trial court 

Appellee 

Appellant 

SRA 

Nd 6€:9%:S 920T/9/S VOOIN £q QIATIOTI

Claim of Appeal 

(9/23) 

Page 2 of 2 

Case No. 

[J4. THIS CASE INVOLVES 

[Ja. 

ACONTEST AS TO THE CUSTODY OF A MINOR CHILD. 

Jb. AN ADULT OR MINOR GUARDIANSHIP UNDER THE ESTATES AND PROTECTED INDIVIDUALS CODE OR 

UNDER THE MENTAL HEALTH CODE. 

[Jc. AN INVOLUNTARY MENTAL HEALTH TREATMENT CASE UNDER THE MENTAL HEALTH CODE. 

[Jd. 

ARULING THAT A PROVISION OF THE MICHIGAN CONSTITUTION, A MICHIGAN STATUTE, ARULE OR 

REGULATION INCLUDED IN THE MICHIGAN ADMINISTRATIVE CODE, OR ANY OTHER ACTION OF THE 

LEGISLATIVE OR EXECUTIVE BRANCH OF STATE GOVERNMENT IS INVALID. 

[Je. AN ADOPTION ORDER UNDER CHAPTER X OF THE PROBATE CODE. 

Jf. 

AFREEDOM OF INFORMATION ACT ISSUE. 

5-6-26 

/s/ Darwyn P. Fair 

Date 

Appellant/Attorney signature 

PROOF OF SERVICE 

| certify that copies of this claim of appeal and bond (if required) were served on 

James D. Noseda 

on 5-6-26 

by 

[personalservice. 

first-class mail. 

Name 

Date 

Mayada P Saroki 

on 5-6-26 

by 

[personalservice. 

[first-class mail. 

Name 

Date 

on 

by 

[lpersonalservice. 

[first-class mail. 

Name 

Date 

5-6-26 

/s/ Darwyn P. Fair 

Date 

Signature 

Nd 6€:9%:S 920T/9/S VOOIN £q QIATIOTI

RECEIVED by MCOA 5/6/2026 5:46:39 PM

RECEIVED by MCOA 5/6/2026 5:46:39 PM

STATE OF MICHIGAN 

THIRD CIRCUIT COURT 

Plymouth United Church of Christ, et al, 

Plaintiffs, 

Case No. 25-015101-CB 

VS. 

Hon. David J. Allen 

Wayne County Treasurer and 

City of Detroit, 

Defendants. 

ORDER GRANTING CITY OF DETROIT’S 

MOTION FOR SUMMARY DISPOSITION 

At a session of the Court in the City of Detroit, 

Wayne County, Michigan on 

4/20/2026 

Present: Honorable 

David J. Allen 

This matter coming on for hearing on the City of Detroit’s motion for 

summary disposition under MCR 2.116(c)(4) in lieu of answer on the ground that 

the Court’s lacks subject matter jurisdiction over the claims against the City, for the 

reasons stated on the record on April 15, 2026, and in the City’s motion and briefs, 

IT IS HEREBY ORDERED: 

1. The City of Detroit’s motion for summary disposition is granted. 

2. 

This order, together with the order granting summary disposition to the 

Wayne County Treasurer, is a final order and closes 

the case. 

Date: 

4/20/2026 

Nd 6€:9%:S 920T/9/S VOOIN £q QIATIOTI

RECEIVED by MCOA 5/6/2026 5:46:39 PM

RECEIVED by MCOA 5/6/2026 5:46:39 PM

Approved as to form: 

/s/ James D. Noseda 

James D. Noseda (P52563) 

City of Detroit Law Department 

Attorney for City of Detroit 

/s/ Darwyn P. Fair 

Darwyn P. Fair 

Darwyn P. Fair Law, PLLC 

Attorney for Plaintiffs 

/s/ Mayada P. Saroki 

Mayada P. Saroki P58667 

Wayne County Corporation Counsel 

Attorney for Wayne County Treasurer 

Nd 6€:9%:S 920T/9/S VOOIN £q QIATIOTI

RECEIVED by MCOA 5/6/2026 5:46:39 PM

RECEIVED by MCOA 5/6/2026 5:46:39 PM

STATE OF MICHIGAN 

IN THE CIRCUIT COURT FOR THE COUNTY OF WAYNE 

PLYMOUTH UNITED CHURCH OF CHRIST, 

a Michigan Ecclesiastical Corporation, 

ESCHATON LLC, a Michigan Limited Liability 

Corporation, and M-R NON-PROFIT HOUSING 

CORPORATION, a Michigan Non-Profit Corporation, 

Plaintiffs, 

Case No.: 25-015101-CB 

Honorable David J. Allen 

v. 

WAYNE COUNTY TREASURER and 

ORDER GRANTING 

CITY OF DETROIT, 

WAYNE COUNTY TREASURER’S 

MOTIONS FOR SUMMARY DISPOSITION 

Defendants. 

AND DISMISSAL OF ACTION 

In Re: Parcel ID No. 03001350. — 4801 Chrysler, Detroit, MI 48201 

Parcel ID No. 03001349. — 4901 Chrysler, Detroit, MI 48201 

Parcel ID No. 03003238. — 4535 Chrysler, Detroit, MI 48201 

Parcel ID No. 03003239. — 4545 Chrysler, Detroit, MI 48201 

DARWYN P. FAIR (P31266) 

MAYADA P. SAROKI (P58667) 

Darwyn P. Fair Law, PLLC 

Assistant Corporation Counsel 

Attorney for Plaintiffs 

JAMES HEATH 

535 Griswold, Suite 111-554 

Wayne County Corporation Counsel 

Detroit, MI 48226 

Attorneys for Defendant, 

T: (313) 967-0595 

Wayne County Treasurer 

dpfair@dpfairlaw.com 

400 Monroe, Suite 290 

Detroit, MI 48226 

T: (313) 967-2294 

msaroki@waynecountymi.gov 

JAMES D. NOSEDA (P52563) 

City of Detroit Law Department 

Attorney for Defendant, 

City of Detroit 

2 Woodward Ave., Suite 500 

Detroit, MI 48226 

T: (313) 237-3057 

nosej@detroitmi.gov 

Nd 6€:9%:S 920T/9/S VOOIN £q QIATIOTI

RECEIVED by MCOA 5/6/2026 5:46:39 PM

RECEIVED by MCOA 5/6/2026 5:46:39 PM

ORDER GRANTING WAYNE COUNTY TREASURER’S 

MOTION FOR SUMMARY DISPOSITION AND DISMISSAL OF ACTION 

At a session of said Court, held in the 

C.A.Y M.C. in the City of Detroit, Circuit Court for the 

County of Wayne, State of Michigan 

on 

4/20/2026 

PRESENT: HON 

David J. Allen 

CIRCUIT COURT JUDGE 

On April 15, 2026, the Court held a hearing on Defendant, Wayne County Treasurer’s, 

(the “Treasurer”) Motion for Summary Disposition pursuant to MCR 2.116(C)(4), (C)(5), (C)(7), 

(C)(8) and MCR 2.116(I)(2) in Lieu of Answer filed in response to Plaintiffs, Plymouth United 

Church of Christ, Eschaton LLC and M-R Non-Profit Housing Corporation’s (collectively 

referred to as the “Plaintiffs”) Ex Parte Emergency Motion for Temporary Restraining Order and 

amended Complaint, and the court having heard oral arguments by the parties, having been 

appraised of the facts and having considered their legal briefs and for the reasons stated on the 

record: 

IT IS HEREBY ORDERED that the Wayne County Treasurer’s Motion for Summary 

Disposition is GRANTED. 

IT IS SO ORDERED. 

This Order along with the Order granting the City of Detroit’s Motion for Summary 

Disposition resolves the last pending claim and closes this case. 

b 1s1D. 

d J. Allen 

=p 

“April 20,2026 

~ 

Jude Da 

J. 

fuel nf Circuit Court 

Mra 

Nd 6€:9%:S 920T/9/S VOOIN £q QIATIOTI

RECEIVED by MCOA 5/6/2026 5:46:39 PM

RECEIVED by MCOA 5/6/2026 5:46:39 PM

Approved as to form. 

Darwyn P. Fair Law, PLLC 

s/ 

Darwyn P. Fair (w/consent) 

DARWYN P. FAIR (P31266) 

Attorney for Plaintiffs 

City of Detroit Law Department 

s/ 

James D. Noseda 

_(w/consent) 

JAMES D. NOSEDA (P52563) 

Attorney for Defendant, 

City of Detroit 

Wayne County Corporation Counsel 

s/ 

Mayada P. Saroki 

MAYADA P. SAROKI (P58667) 

Attorney for Defendant, 

Wayne County Treasurer 

Nd 6€:9%:S 920T/9/S VOOIN £q QIATIOTI

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Rൾ඀ංඌඍൾඋ ඈൿ Aർඍංඈඇඌ

Cൺඌൾ Nඈ. 25-015101-CB

Pൺඋඍඒ Iඇൿඈඋආൺඍංඈඇ

Attorneys

Defendant

City of Detroit

James D. Noseda

 Retained

(313) 237-3057(W)

 

Defendant

Wayne County Treasurer

Mayada P. Saroki

 Retained

(313) 967-2294(W)

 

Plaintiff

Eschaton LLC, a Michigan Limited Liability

Corporation

Darwyn P. Fair

 Retained

(313) 967-0595(W)

 

Plaintiff

M-R Non Profit Housing Corporation, a

Michigan Non Profit Corporation,

Darwyn P. Fair

 Retained

(313) 967-0595(W)

 

Plaintiff

Plymouth United Church of Christ, a Michigan

Ecclesiastical Corporation,

Darwyn P. Fair

 Retained

(313) 967-0595(W)

Eඏൾඇඍඌ ๟ Oඋൽൾඋඌ ඈൿ ඍඁൾ Cඈඎඋඍ

 

 OTHER EVENTS AND HEARINGS

09/26/2025 Complaint, Filed

(Clerk: Payne, Y)

09/26/2025 Service Review Scheduled

(Clerk: Payne, Y) (Due Date: 12/26/2025)

09/26/2025 Business Court - Status Conference Hearing Review

(Clerk: Payne, Y)

09/26/2025 Case Filing Fee - Paid

$175.00 Fee Paid (Clerk: Payne,Y)

09/29/2025 Amended Complaint, Filed

(Clerk: Byrd,R)

09/29/2025 Exhibit, Filed

(Clerk: Byrd,R)

09/29/2025 Motion for Injunction, Filed

Fee: $20.00 Paid; Brief, Filed; Proof of Service, Filed; Notice of Hearing, Filed (Clerk: Byrd,R)

09/29/2025 Exhibit, Filed

(Clerk: Byrd,R)

09/30/2025 Injunctive/Restraining Order, Signed and Filed

(Clerk: Byrd,R)

10/02/2025 Appearance of Attorney, Filed

(Clerk: Payne,Y)

10/02/2025 Proof of Service, Filed

(Clerk: Payne,Y)

10/02/2025 Miscellaneous Motion, Filed-WVD

Fee: Waived; Brief, Filed; Proof of Service, Filed; Notice of Hearing, Filed (Clerk: Ruff,J)

10/02/2025 Proof of Service, Filed

(Clerk: Ruff,J)

10/06/2025

 

Oral Arguments (9:00 AM) (Judicial Officer Allen, David J.)

Emergency Ex Parte Motion for Temporary Restraining Order

Parties Present

Result: Held

10/06/2025 Proof of Service, Filed

(Clerk: Byrd,R)

10/06/2025 Proof of Service, Filed

(Clerk: Byrd,R)

10/06/2025 Taken Under Advisement (Judicial Officer: Allen, David J. )

Plaintiff's Emergency Motion for Temporary Restraining Order (Clerk: Byrd,R)

10/14/2025 Proof of Service, Filed

(Clerk: Payne,Y)

10/14/2025 Appearance of Attorney, Filed

(Clerk: Payne,Y)

10/16/2025 Proof of Service, Filed

(Clerk: Keefe,C)

10/16/2025 Miscellaneous Motion, Filed-WVD

Fee: Waived; Brief, Filed; Proof of Service, Filed; Notice of Hearing, Filed (Clerk: Keefe,C)

10/17/2025 Motion for Summary Judgment/Disposition, Filed

Fee: $20.00 Paid; Brief, Filed; Proof of Service, Filed; Notice of Hearing, Filed (Clerk: Parkinson,J)

10/17/2025 Proof of Service, Filed

RECEIVED by MCOA 5/6/2026 5:46:39 PM

RECEIVED by MCOA 5/6/2026 5:46:39 PM

(Clerk: Parkinson,J)

10/20/2025

 

Status Conference - Business Court (10:00 AM) (Judicial Officer Allen, David J.)

Via Zoom

Parties Present

Result: Held for Further Settlement

10/20/2025 Proof of Service, Filed

(Clerk: Payne,Y)

10/20/2025 Brief, Filed

(Clerk: Payne,Y)

10/21/2025 Miscellaneous Pleadings, Filed

Motion for Summary Disposition Briefing Scheduling Order (Clerk: Byrd,R)

10/27/2025 Proof of Service, Filed

(Clerk: Parkinson,J)

10/27/2025 Brief, Filed

(Clerk: Parkinson,J)

11/04/2025 Proof of Service, Filed

(Clerk: mifile,m)

11/17/2025

 

Status Conference - Business Court (10:00 AM) (Judicial Officer Allen, David J.)

Via Zoom. Minutes Comment: Mr. Horhn appeared (Clerk: Byrd, R Date: 11-17-25)

Parties Present

Result: Held for Further Settlement

11/17/2025

 

Evidentiary Hearing (10:00 AM) (Judicial Officer Allen, David J.)

Via Zoom. Minutes Comment: Only the Status Conference held (Clerk: Byrd, R Date: 11-17-25)

Result: Reviewed by Court

11/17/2025 Proof of Service, Filed

(Clerk: Ruff,J)

11/17/2025 Miscellaneous Pleadings, Filed

(Clerk: Ruff,J)

11/17/2025 Proof of Service, Filed

(Clerk: Parkinson,J)

11/17/2025 Miscellaneous Pleadings, Filed

(Clerk: Parkinson,J)

11/25/2025 Miscellaneous Motion, Filed

Fee: $20.00 Paid; Brief, Filed; Proof of Service, Filed; Notice of Hearing, Filed (Clerk: Parkinson,J)

11/25/2025 Exhibit, Filed

(Clerk: Parkinson,J)

11/25/2025 Exhibit, Filed

(Clerk: Parkinson,J)

11/25/2025 Exhibit, Filed

(Clerk: Parkinson,J)

11/25/2025 Exhibit, Filed

(Clerk: Parkinson,J)

11/25/2025 Proof of Service, Filed

(Clerk: Parkinson,J)

12/04/2025 Notice of Hearing, Filed

(Clerk: Islam,I)

12/04/2025 Proof of Service, Filed

(Clerk: Islam,I)

12/05/2025 Praecipe, Filed (Judicial Officer: Allen, David J. )

(Clerk: Byrd,R)

12/05/2025 Proof of Service, Filed

(Clerk: Ruff,J)

12/05/2025 Miscellaneous Pleadings, Filed

(Clerk: Ruff,J)

12/08/2025 Proof of Service, Filed

(Clerk: Islam,I)

12/08/2025 Brief, Filed

(Clerk: Islam,I)

12/08/2025 Proof of Service, Filed

(Clerk: Parkinson,J)

12/08/2025 Reply to Brief, Filed

(Clerk: Parkinson,J)

12/08/2025 Reply to Brief, Filed

(Clerk: Parkinson,J)

12/11/2025

 

Motion Hearing (10:00 AM) (Judicial Officer Allen, David J.)

Plaintiffs - Motion for Discovery and to Adjourn Defendants Motions for Summary Disposition Pending Completion of Discovery

Parties Present

Result: Held

12/11/2025 Motion Denied, Order to Follow (Judicial Officer: Allen, David J. )

Deny Plaintiff's Motion for Discovery (Clerk: Byrd,R)

01/02/2026

 

CANCELED Status Conference - Business Court (8:00 AM) (Judicial Officer Allen, David J.)

Rescheduled

Rescheduled

01/30/2026

 

Review Hearing (8:00 AM) (Judicial Officer Allen, David J.)

Motions for Summary Dispositio. Minutes Comment: S.D. filed 10/17/2025 (Clerk: Byrd, R Date: 01-30-26)

Result: Reviewed by Court

02/03/2026 Motion for Summary Judgment/Disposition, Filed

Fee: $20.00 Paid; Brief, Filed; Proof of Service, Filed; Notice of Hearing, Filed (Clerk: Payne,Y)

02/03/2026 Proof of Service, Filed

(Clerk: Payne,Y)

02/04/2026 Proof of Service, Filed

(Clerk: Ruff,J)

02/04/2026 Exhibit, Filed

(Clerk: Ruff,J)

02/17/2026 Proof of Service, Filed

(Clerk: Keefe,C)

RECEIVED by MCOA 5/6/2026 5:46:39 PM

RECEIVED by MCOA 5/6/2026 5:46:39 PM

02/17/2026 Miscellaneous Pleadings, Filed

(Clerk: Keefe,C)

02/18/2026 Proof of Service, Filed

(Clerk: Islam,I)

02/18/2026 Answer to Motion, Filed

(Clerk: Islam,I)

02/20/2026

 

Review Hearing (8:00 AM) (Judicial Officer Allen, David J.)

All Response Briefs due. Minutes Comment: Response filed 2/18/2026 (Clerk: Byrd, R Date: 02-20-26)

Result: Reviewed by Court

02/23/2026 Proof of Service, Filed

(Clerk: Parkinson,J)

02/23/2026 Reply to Brief, Filed

(Clerk: Parkinson,J)

02/25/2026 Proof of Service, Filed

(Clerk: Parsons,Z)

02/25/2026 Brief, Filed

(Clerk: Parsons,Z)

03/03/2026 Reply to Brief, Filed

(Clerk: Parkinson,J)

03/03/2026 Proof of Service, Filed

(Clerk: Parkinson,J)

04/15/2026

 

Status Conference - Business Court (10:00 AM) (Judicial Officer Allen, David J.)

Via Zoom. Minutes Comment: Motions for S.D. granted (Clerk: Byrd, R Date: 04-15-26)

04/07/2026 Reset by Court to 04/15/2026

Result: Reviewed by Court

04/15/2026

 

Oral Arguments (10:00 AM) (Judicial Officer Allen, David J.)

Motions for Summary Disposition

Parties Present

04/07/2026 Reset by Court to 04/15/2026

Result: Held

04/15/2026 Closed - Summary Judgment/Disposition Granted, Order to Fol (Judicial Officer: Allen, David J. )

Grant the City of Detroit and the Wayne County Treasurer's Motions for Summary Disposition (Clerk: Byrd,R)

04/15/2026 Proof of Service, Filed

(Clerk: Keefe,C)

04/16/2026 Proof of Service, Filed

(Clerk: Keefe,C)

04/20/2026 Final - Order for Summary Judgment/Disp, Signed and Filed

(Clerk: Byrd,R)

04/20/2026 Order Granting Motion, Signed and Filed

(Clerk: Byrd,R)

Fංඇൺඇർංൺඅ Iඇൿඈඋආൺඍංඈඇ

To pay on Adult Criminal cases 

CLICK HERE

 

 

 

 

 

 

 

 Plaintiff Plymouth United Church of Christ, a Michigan Ecclesiastical Corporation,

 

 Total Financial Assessment

 255.00

 

 Total Payments and Credits

 255.00

 

 Balance Due as of 05/03/2026

 0.00

 

 

 

 

09/26/2025 Transaction Assessment

 

 175.00

09/26/2025 eFiling

 Receipt # 2025-75766

Darwyn P. Fair & Associates PC

 (175.00)

09/30/2025 Transaction Assessment

 

 20.00

09/30/2025 eFiling

 Receipt # 2025-76490

Darwyn P. Fair & Associates PC

 (20.00)

10/17/2025 Transaction Assessment

 

 20.00

10/17/2025 eFiling

 Receipt # 2025-83071

City of Detroit Law Department

 (20.00)

11/26/2025 Transaction Assessment

 

 20.00

11/26/2025 eFiling

 Receipt # 2025-95726

Darwyn P. Fair & Associates PC

 (20.00)

02/04/2026 Transaction Assessment

 

 20.00

02/04/2026 eFiling

 Receipt # 2026-09541

Darwyn P. Fair & Associates PC

 (20.00)

 

 

 

 

RECEIVED by MCOA 5/6/2026 5:46:39 PM

RECEIVED by MCOA 5/6/2026 5:46:39 PM

TRANSCRIPT REQUEST 

SECTION A: REQUESTING PARTY INFORMATION 

Court Address 

Email 

Court Telephone No. 

Coleman A. Young Municipal Center. 

2 Woodward Avenue, Suite 770, Detroit, MI 48226 

Transcripts@3rdcc org 

(313) 224-0409 

Name (full name) 

Telephone # 

Darwyn P. Fair 

(313) 967-0595 

Address 

. 

. 

City 

. 

State 

Zip 

535 Griswold, Suite 111-554 

Y 

Detroit 

MI 

48226 

Bmal 

 yicfair@dpfairlaw.com 

Connection to the Case (select one) 

[J Court (Judge) 

[J Court Appointed Attorney 

[J Prosecutor 

{vid Retained Attorney 

[1 Case Party 

[Cother: 

| request a transcript of the specified court event(s) for this case 

| understand the original transcript will be filed with the court, and | will receive an electronic 

copy. The statutory transcript fees are $3.75 per original page and $0.90 per copy page Any rates differing from these are a private arrangement between 

me and the court reporter / recorder 

| understand 

| am responsible for all transcript costs incurred by this request, and financial arrangements are handled 

directly with the court reporter / recorder, not the court 

NOTE" 

For appellate matters involving Adult Criminal / Juvenile Neglect & Delinquency cases, transcripts are paid by the Court 

For non-appeal pending 

Adult Criminal Cases, transcript costs are paid by IDSD as long as indigency standards are met. Only statutory rates will be paid. 

REQUESTER'S SIGNATURE; _ Darwyn P. Fair 

DATE; 

04/22/2026 

SECTION B: TRANSCRIPT REQUEST DETAILS 

1. 

Transcript is needed for (select one and explain why below): 

Appeal 

[1 Non-Appeal 

Justification:_To appeal and challenge summary disposition granted 4/15/26. 

2. Judge 

/ Referee: 

_David 

J. Allen 

3. 

Case Number(s): 

25-015101-CB 

Petition Number(s): 

Plaintiff name 

i 

i 

Defendant name 

Plymouth United Church of Christ 

v 

Wayne County Treasurer 

in the Matter of: 

4. 

Date(s) and Type(s) of Court Hearing(s) (list each individually) 

10/06/2025 — Oral Arguments (Emergency 

Ex Parte Motion for Temporary 

Restraining Order) 

/ 10/20/2025 — Status Conference (Business Court) 

/ 11/17/2025 — Statu: 

Conference (Business Court) 

/ 11/17/2025 — Evidentiary Hearing 

/ 12/11/2025 — Motion Hearing (Plaintiffs’ Motion for Discovery and to Adjourn Defendants” Motions 

for Summary Disposition Pending Completion of Discovery) 

/ 04/15/2026 — Oral Arguments (Motions for Summary Disposition) 

5. 

Transcript timeframes for appeals are set by MCR 7.210. The same timeframes will be used for non-appeals transcript 

requests 

Court Reporters / Recorders and requesting parties may agree to rates for expedited transcripts that differ 

from the statutory limits of $3.75 per page + $0.90 per copy. 

Court funded transcripts will follow the statutory limits 

Timeframes 

Hearing Types 

14 Days 

Motions to Suppress Evidence 

28 Days 

Criminal Convictions based upon a plea 

42 Days 

Interlocutory Criminal Appeal / Custody Matters 

91 Days 

All other matters 

6. 

Submit Transcript Request to applicable physical address OR send by email listed above. 

For Court Use Only 

Court Reporter / Recorder Assigned: 

Court Reporter / Recorder Email 

Date of assignment, 

Court Reporter / Recorder Phone 

Email Addresses to be sent a copy: 

Original Plus 

copies to be provided. 

Determination of Indigency 

[J Yes 

[J No 

Justification 

Who 1s Paying: [] Requesting Party 

[J IDSD 

[J] Court 

For Court Reporter / Recorder Use Only 

Date Due’ 

Date Withdrawn® 

Date Completed 

3CC-DS-0002 (4/28/25) 

Distribution after completion by court 

original — court 

copy - requesting party 

copy - assigned court reporter / recorder 

Nd 6€:9%:S 920T/9/S VOOIN £q QIATAD

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