Downriver Plaza Group v. Southgate

The plaintiffs, Downriver *671Plaza Group and Lewis George, property owners in the City of Southgate, commenced this action against the city seeking a refund of user charges levied for the operation and maintenance of the Southgate-Wyandotte drainage district, an "intra-county” drain.

The city contends that § 490 of the Drain Code1 authorizes the levy of the user charges. Section 490 provides for levying of "service charges to be paid by owners of land directly or indirectly connected” with an intracounty drain. Plaintiffs challenge the validity of the levy on a number of grounds.2 Because I…