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File #: 17-0136    Version: 1 Name:
Type: Case Settlement, Other Status: Agenda Ready
In control: Office of the General Counsel
On agenda: 8/16/2017 Final action: 8/16/2017
Title: The Detroit Board of Water Commissioners (Board) authorizes the Director to enter into a Class Action Settlement Agreement between DWSD and a Class of Plaintiffs to be certified consisting of all owners and occupiers of non-residential, parcel-based real property who or which were billed and/or paid the Per-Acre Drainage Charges between July 18, 2013 and June 30, 2017. This Agreement is intended to settle all of the claims of all members who join the Class in the above captioned matter; and authorizes the Director and General Counsel to take such other action as may be necessary to accomplish the intent of this vote.
Indexes: Board of Water Commissioners

Title

The Detroit Board of Water Commissioners (Board) authorizes the Director to enter into a Class Action Settlement Agreement between DWSD and a Class of Plaintiffs to be certified consisting of all owners and occupiers of non-residential, parcel-based real property who or which were billed and/or paid the Per-Acre Drainage Charges between July 18, 2013 and June 30, 2017.  This Agreement is intended to settle all of the claims of all members who join the Class in the above captioned matter; and authorizes the Director and General Counsel to take such other action as may be necessary to accomplish the intent of this vote. 

 

Body

Agenda of August 16, 2017

Item No.: 17-0136

Amount: N/A                     

 

TO:                                          The Honorable

Board of Water Commissioners

City of Detroit

 

FROM:                     Gary A Brown, Director

                                          Detroit Water and Sewerage Department

 

 

RE:                                          Michigan Warehousing et al v City of Detroit et al

                                          Case No. 15-010165-CB

 

MOTION

Upon recommendation and opinion of Debra N. Pospiech, Esq., General Counsel and Sonal Hope Mithani, Esq. of Miller Canfield, the Detroit Board of Water Commissioners (Board) authorizes the Director to enter into a Class Action Settlement Agreement between DWSD and a Class of Plaintiffs to be certified consisting of all owners and occupiers of non-residential, parcel-based real property who or which were billed and/or paid the Per-Acre Drainage Charges between July 18, 2013 and June 30, 2017. This Agreement is intended to settle all of the claims of all members who join the Class in the above captioned matter; and authorizes the Director and General Counsel to take such other action as may be necessary to accomplish the intent of this vote.

BACKGROUND AND JUSTIFICATION

The Background and Justification for the Settlement Agreement are contained in a confidential, attorney-client privileged communication provided under separate cover and as discussed with the Board in Closed Session.

BUDGET IMPACT 

To the extent there are expenses associated with this authorization, those expenses are within levels and programs authorized as a part of the DWSD’s budget.

BOARD REVIEW

This matter was individually reviewed by each member of the Board.