In People v. March, No. 151342, the Michigan Supreme Court granted mini-oral argument to consider an application for leave to appeal on whether a defendant committed larceny when he removed fixtures from his home after foreclosure, but before the end of the redemption period. The court also directed the parties to address whether the fixtures severed from real property constitute “money, goods, or chattels” under the larceny statute, MCL 750.356(1).
The defendant was charged with larceny under MCL 750.360 for removing fixtures from his father’s home after it went into foreclosure and for possessing stolen property under MCL 750.535(1), (4)(a). The fixtures were detached from the property after it was sold at a sheriff’s sale, but before the statutory six-month redemption period ended. The defendant argued he could not have committed larceny against himself nor possessed stolen property because he had a legal right, through power of attorney, to possess and control the property during the redemption period. The trial court agreed and dismissed all charges.
The Court of Appeals reversed, reasoning that although the defendant had title and the right to possess the items, the purchaser of the home at the sheriff’s sale also had a property interest in the home. The fixtures were attached to the home at the time of sale and therefore qualified as the “property of another” under the larceny statute.
