Lynette Hathon v. State of Michigan

Summary

The Court held that the prior decision recognizing an unconstitutional taking when governmental units retain tax-foreclosure surplus proceeds applies retroactively to claims that were not final when that decision issued. It further held that the statutory procedure governing preexisting surplus-proceeds claims applies retroactively, while the new two-year limitations period applies only prospectively. Claims otherwise cut off during the interim must be allowed within the remaining limitations time measured from the date of this opinion; the Court affirmed the Schafer ruling but vacated and remanded the Hathon class-certification ruling for reconsideration.