In re Waters Drain Drainage District
296 Mich. App. 214
Mich. Ct. App.2012Background
- Drain Improvements in Waters Drain Special Assessment District apportioned to property owners under MCL 280.1 et seq.
- Plaintiffs owned land within the district and appealed the apportionment in probate court under MCL 280.155.
- Probate Court appointed a three-member board of review; board upheld the apportionment.
- Probate Court awarded defendant attorney fees and compensation to board members; total costs verified.
- Circuit Court affirmed the probate court’s awards; plaintiffs seek leave to appeal.
- This appeal concerns whether attorney fees are recoverable under MCL 280.158 and whether board member compensation was proper.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether MCL 280.158 allows attorney fees as part of costs | Whole costs includes attorney fees. | Statute authorizes costs; attorney fees permissible as costs under broad language. | Yes; attorney fees recoverable as part of whole costs. |
| Whether probate court properly compensated board of review members at $500 each | Rate should be $50/day as standard. | Board set $125/hour after four hours; total $500 per member is proper. | Yes; court did not abuse discretion; $500 per member appropriate. |
Key Cases Cited
- McIntosh v McIntosh, 282 Mich App 471 (2009) (abuse of discretion standard)
- Maldonado v Ford Motor Co, 476 Mich 372 (2006) (principled outcomes in discretion review)
- People v Babcock, 469 Mich 247 (2003) (range of principled outcomes standard)
- Woodard v Custer, 476 Mich 545 (2006) (abuse of discretion framework)
- Klooster v City of Charlevoix, 488 Mich 289 (2011) (statutory interpretation de novo)
- Allen v Bloomfield Hills Sch Dist, 281 Mich App 49 (2008) (plain meaning; statutory interpretation)
- Brackett v Focus Hope, Inc, 482 Mich 269 (2008) (definition of 'whole' costs; dictionary aid)
- In re Forfeiture of $10,780, 181 Mich App 761 (1989) (attorney fees not recoverable absent explicit authorization)
- Nalbandian v Progressive Mich Ins Co, 267 Mich App 7 (2005) (binding precedent via pre-1990 authority)
- Macomb Co Taxpayers Ass’n v L’Anse Creuse Pub Sch, 455 Mich 1 (1997) (attorney fees proper where authorized by amendment/costs)
- Sirrey v Danou, 212 Mich App 159 (1995) (costs of litigation; discretionary authority)
- McKelvie v Mt Clemens, 193 Mich App 81 (1992) (attorney fees proper under discretionary rules)