Ashley Ann Arbor, LLC v. Pittsfield Charter Township
299 Mich. App. 138
Mich. Ct. App.2012Background
- Pittsfield Township imposed a special assessment to finance a drainage district project affecting Ashley’s property.
- Ashley challenged the assessment as not specially benefiting its property and not proportionate, raising PIA and Drain Code issues.
- Ashley filed an MTT petition in April 2009 and separately filed a circuit court complaint in December 2010.
- MTT transferred Ashley’s petition to the circuit court after concluding the Drain Code governed the assessment.
- The circuit court dismissed both actions as lacking jurisdiction or timeliness, which the Court of Appeals vacated and remanded for merits consideration.
- The majority ultimately held the Drain Code governs and the circuit court has jurisdiction, with tolling and transfer mechanics important to timeline analysis.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Drain Code assessments fall under MTT or circuit court | Ashley argues Drain Code matters are circuit court matters. | Township argues Drain Code matters lack MTT jurisdiction and are circuit court matters. | Drain Code matters fall in circuit court; MTT lacks exclusive/original jurisdiction. |
| Whether MTT transfer was proper | MTT correctly transferred to circuit court when lacking jurisdiction. | Transfer was improper or ineffective to preserve rights. | MTT could transfer lacking jurisdiction; transfer proper and effective. |
| Whether MTT filing tolled the limitations period | April 22, 2009 MTT filing tolled the 30-day limit under MCL 41.726(3). | Tolled period did not apply to permit timely circuit court filing. | MTT filing tolled the statute; original circuit action timely when transferred. |
| Whether equitable tolling applies to Ashley's delay | Complex jurisdictional confusion justifies equitable tolling. | No equitable tolling beyond statutory tolling. | Equitable tolling applicable; supports timeliness of Ashley’s action. |
Key Cases Cited
- Wikman v. Novi, 413 Mich 617 (1982) (set framework for MTT jurisdiction over special assessments and exceptions for Drain Code)
- Eyde v. Lansing Twp, 420 Mich 287 (1984) (distinguished Drain Code vs. property tax-based challenges; affected key jurisdiction)
- Kiluma v. Wayne State Univ., 72 Mich App 446 (1976) (tolling statute when jurisdiction over defendant acquired otherwise)
- Lothian v. Detroit, 414 Mich 160 (1982) (statute of limitations is a conclusive bar when filed late)