Class Eligibility

You are a class member if you paid the City of Detroit, per-acre drainage charges on a non-residential parcel based on real property between July 18, 2013 and June 30, 2017.

Estimated Amount

Varies

The Claims-Escrow Administrator shall calculate the pro rata share of the Net Settlement Fund (the “Pro Rata Share”) of each Class Member. Only those Class Members who paid Per-Acre Drainage Charges during the Class Period and submit a timely Claim are entitled to a Payment of their Pro Rata Share from the Net Settlement Fund. The size of each Claiming Class Member’s Pro Rata Share shall be determined by: (1) calculating the total amount of Charges the Claiming Class Member paid during the Class Period; and then (2) dividing that number by the total amount of Charges the City assessed during the Class Period against all Claiming Class Members; and then (3) multiplying that fraction by the amount of the Net Settlement Fund.

Class Members who do not submit claims or who do submit a claim but are members of one of the groups described below will receive a credit on their sewer account in the amount of their Pro Rata Share of the Net Settlement Fund (“Credit”) which will be applied against future Per-Acre Drainage Charges unless the Outstanding Balance is greater than the Class Member’s Pro Rata Share, in which case the Pro Rata Share will offset the Outstanding Balance to the extent of the amount of the Pro Rata Share. The term “Outstanding Balance” means with respect to each Class Member the amount of Per-Acre Drainage Charges assessed on or after July 18, 2013 which are at least thirty (30) days past due as of June 30, 2017. Any Credit will attach to the account associated with the Per-Acre Drainage Charges and will remain until Per-Acre Drainage Charges accrued after the Settlement Date exceed the amount of the Credit.

Class Members thus will be separated into three (3) groups, each of which will benefit from the Settlement as follows:

Group 1: Class Members who have Outstanding Balances equal to or greater than their respective Pro Rata Shares. No later than March 1, 2018, Group 1 Class Members will receive a Credit against their Outstanding Balances in the amount of their Pro Rata Shares paid from the City Administered Portion. If the Class Member’s Pro Rata Share of the Net Settlement Fund is less than such Class Member’s Outstanding Balance, the Outstanding Balance will be reduced by the amount of that Pro Rata Share, and the Class Member will still owe the City any remaining Outstanding Balance.

Group 2: Class Members who have Outstanding Balances that are less than their Pro Rata Shares. No later than March 1, 2018, Group 2 Class Members will receive from the City Administered Portion a Credit against their Outstanding Balances to the extent of their Outstanding Balances. Group 2 Class Members who submit claims will also receive a Payment from the Claims-Escrow Administrator in the amount by which their respective Pro Rata Shares exceed their Outstanding Balances. Such Payments will be paid from the portion of the Net Settlement Fund administered by the Claims-Escrow Administrator in accordance with the time frames set forth in Paragraph 5 of the Settlement Agreement. Group 2 Class Members who do not submit timely claims will receive no later than July 9, 2018, a Credit in their sewer account against future Per-Acre Drainage Charges in the amount by which their respective Pro Rata Shares exceed their Outstanding Balances. iii. Group 3 – Class Members with no Outstanding Balances.

Group 3: Class Members who submit timely claims will receive from the Claims-Escrow Administrator (and payable from portion of the Net Settlement Fund administered by the Claims-Escrow Administrator) a Payment that is equal to the amount of their respective Pro Rata Share. The Payment will be made in accordance with the time frames set forth in Paragraph 5 of the Settlement Agreement. Group 3 Class Members who do not submit timely claims will receive no later than July 9, 2018, a Credit in their sewer account against future Per-Acre Drainage Charges in the amount of their respective Pro Rata Shares.

Proof of Purchase

Yes

Case Name

Michigan Warehousing Group LLC, et al v. City of Detroit
Case No. 15-010165-CZ
Wayne County Circuit Court for the State of Michigan

Case Summary

The plaintiffs allege that the City of Detroit levied per-acre drainage charges not motivated by regulation but rather as a means to increase revenue. According to the lawsuit, class members were charged in a way that was disproportionate to the actual costs of providing services. The defendants deny the allegations but have agreed to settle

Settlement Pool

$29,500,000

Deadline

03/01/18

Contact


Michigan Warehousing Group LLC v. City of Detroit
c/o GCG
P.O. Box 10494
Dublin, OH 43017-4094
MWDQuestions@ChooseGCG.com

One response to “City of Detroit Per Acre Drainage Charge”

  1. Mike Shaba says:

    Hello, i have several property s in Detroit and not sure what witch form is for what property and form numbers are:
    Claim #: 01003054 Control number:53710189479
    Claim # 01003053 Control number:7665863548

    ADMIN – HI Mike,

    Please file your claim online.

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