STELLA SIDUN V WAYNE CNTY TREASURER
Annotate this Case
Download PDF
STATE OF MICHIGAN
COURT OF APPEALS
STELLA SIDUN,
UNPUBLISHED
January 19, 2006
Plaintiff-Appellant,
v
No. 264581
Ingham Circuit Court
LC No. 04-000240-MT
WAYNE COUNTY TREASURER,
Defendant-Appellee.
Before: Bandstra, P.J., and Fitzgerald and White, JJ.
WHITE, J. (dissenting).
I respectfully dissent. Plaintiff was an owner of record entitled to notice under the
General Property Tax Act (GPTA), MCL 211.1 et seq., and the Due Process clauses of the
United States and Michigan Constitutions. The majority concludes that while the notice
provisions of the GPTA were not met, the posting on the premises nevertheless satisfied due
process requirements. Because there is no indication that the posting provided plaintiff with
actual notice despite the failure to comply with the GPTA, as in Republic Bank v Genesee
County Treasurer, 471 Mich 732, 742; 690 NW2d 917 (2005), I cannot agree that due process
requirements were satisfied. The Supreme Court has repeatedly determined that due process
contemplates that notice be sent by registered or certified mail to “the address reasonably
calculated to apprise” the person entitled to notice of the proceedings. Id. at 740, 742; see also
Smith v Cliffs on the Bay Condo Ass'n, 463 Mich 420, 427; 617 NWd 536 (2000); Dow v
Michigan, 396 Mich 192, 206-207; 240 NW2d 450 (1976).
Defendant satisfied due process requirements in providing notice to plaintiff’s mother at
her address of record. However, as an owner of record plaintiff was entitled to notice as well.
And, while the cases clearly hold that due process does not require that the foreclosing
governmental unit determine a better address than the address of record, in the instant case,
defendant failed to mail to the address of record. While posting at the property might have
provided notice and would have been sufficient had it in fact provided notice, it was not notice
provided at the address reasonably calculated to apprise plaintiff of the hearings. Republic Bank
at 742. I would reverse.
/s/ Helene N. White
-1-
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
