Eric D. Williams (P33359) | 524 North State Street | Big Rapids, MI 49307 | 231-796-8945 | [email protected]

Michigan Townships Association (MTA)

The brief focused on the Municipal Water and Sewage Systems Liens Act, MCL 123.161 et seq, and Section 21 of the Revenue Bond Act, arguing that the trial court should not have invalidated all of the liens and charges because of the one year delay in placing delinquent charges on the tax roll. Considerable attention was paid to the Municipal Water and Sewage Systems Liens Act, as well as the legal effect of a municipality that violates its own collections ordinance. The Amicus Curiae Brief points out that the trial court enjoined Livonia from complying with its collection ordinances in 2012, because Livonia violated its collection ordinances in 2011.

The Court of Appeals:
We vacate the trial court’s ruling and remanded for further proceedings. We do not retain jurisdiction. Defendant may tax costs.

Livonia placed past due water and sewer service charges on the tax roll for a commercial property in 2012, after not placing past due water and sewer service charges on the tax roll for the same commercial property in 2011 at the request of the tenant customer. Landowner sued to invalidate the water and sewer service liens and charges placed on the tax roll. Trial court invalidated the liens and enjoined Livonia’s enforcement and collection efforts initiated in 2012, because of the forbearance and noncollection in 2011. Livonia ordinances said the clerks shall certify the delinquencies and add them to the tax roll each year. Because Livonia did not follow its collection ordinances in 2011, the circuit court ruled Livonia could not do so in 2012, and all of the water and sewer service liens were invalidated. Livonia appealed.