The purpose of this website is to answer questions and provide general information to those who are members of a class action that has been filed against the City of Jackson, Michigan.
On January 11, 2011, the City of Jackson enacted ordinance 2011.02, which imposed a stormwater management fee (“fee”) upon all property owners in the City of Jackson. On August 1, 2013, the Michigan Court of Appeals ruled that the City’s collection of the fee was illegal and that it violated the Michigan Constitution. The Court ordered the City of Jackson to stop collecting fee.
On August 15, 2013, a class action lawsuit was filed against the City of Jackson seeking a refund of the stormwater fee illegally collected from Jackson property owners. The lawsuit was filed in the Jackson County Circuit Court and was assigned to Judge John G. McBain.
THE COURT RULING:
On October 24, 2013, the Jackson Circuit Court ruled that the stormwater fee was illegally collected and that it violated the Michigan Constitution. The Court’s also ruled that property owners who paid the fee are eligible for a refund if it was due and paid on or after August 15, 2012.
THE LETTER YOU RECEIVED:
All property owners were mailed a written notice advising them of their rights under the lawsuit, as well as their right to a refund. If you received this notice, it was because you, or someone at the property location, paid to the Defendant a stormwater fee, and are eligible for a refund of that fee.
If you wish to receive your stormwater refund, you do not need to take any action at this time. You only need to take action if you do not want to receive a refund of your stormwater fee or if you want to opt-out of this lawsuit.
Inside the four page letter mailed to class members was a self-addressed, stamped postcard. If you return the postcard you are advising the court that you do not want your refund, and that the City of Jackson can keep all stormwater fees you have paid. Again, only mail in the postcard if you want the City of Jackson to keep your refund.
IF YOU WISH TO RECEIVE A REFUND OF ANY STORMWATER FEE DUE YOU, YOU DO NOT NEED TO TAKE ANY ACTION AT THIS TIME. How you will be refunded your stormwater fee has yet to be determined by the Court. After the court approves the manner of the refund, payment will be mailed to you. The exact date your payment will be mailed is not known at this time. The exact amount of your refund has not been determined by the court. However, if you want to see the stormwater fees you paid to the City of Jackson after August 15, 2012, you can go to the “Court Documents” (click here) page on this website and view the ”Class Action List of Members (Total Paid)” document and search for your name or property address.
FUTURE COURT ACTION:
A hearing to approve a proposed refund will be held on Tuesday, September 16, 2014 at 1:30 PM. At the hearing, the judge may deny or approve the refund, or take other action with regard to the refund. If approved, a refund will be given pursuant to the Court’s order and instructions.