MACOMB RETAIL CENTER, LLC v. CITY OF ROSEVILLE

Case No. 19-5299-CZ

State of Michigan Macomb County Circuit Court

IF YOU PAID STORMWATER CHARGES TO THE CITY OF ROSEVILLE AT ANY TIME BETWEEN JANUARY 1, 2019 AND JUNE 30, 2021 AND WISH TO RECEIVE A CASH REFUND, IF YOU QUALIFY FOR SUCH REFUND, YOU MUST SUBMIT A CLAIM FORM ON OR BEFORE OCTOBER 7, 2021 AND MAIL IT TO CITY OF ROSEVILLE SETTLEMENT ADMINISTRATOR, 1650 ARCH STREET, SUITE 2210, PHILADELPHIA, PA 19103, OR EMAIL THE COMPLETED FORM TO INFO@ROSEVILLESTORMWATERSETTLEMENT.COM, OR SUBMIT AN ELECTRONIC FORM. IF YOU HAVE A CURRENT WATER AND SEWER ACCOUNT WITH THE CITY OF ROSEVILLE, YOU CAN RECEIVE YOUR PRO RATA SHARE OF THE SETTLEMENT IN THE FORM OF A CASH REFUND OR A CREDIT ON YOUR WATER AND SEWER ACCOUNT. IN ORDER TO RECEIVE A CASH REFUND AS PART OF THIS CLASS ACTION SETTLEMENT, YOU ARE REQUIRED TO SUBMIT A WRITTEN CLAIM. IF YOU DO NOT HAVE A WATER AND SEWER BILLING ACCOUNT WITH THE CITY OF ROSEVILLE, YOU ARE NOT ELIGIBLE TO RECEIVE YOUR PRO RATA SHARE IN THE FORM OF A CREDIT.

IN ORDER TO RECEIVE A CASH REFUND AS PART OF THIS CLASS ACTION SETTLEMENT, YOU ARE REQUIRED TO SUBMIT A WRITTEN CLAIM. IF YOU DO NOT HAVE A WATER AND SEWER BILLING ACCOUNT WITH THE CITY OF ROSEVILLE, YOU ARE NOT ELIGIBLE TO RECEIVE YOUR PRO RATA SHARE IN THE FORM OF A CREDIT. YOU MUST SUBMIT A WRITTEN CLAIM IN ORDER TO RECEIVE ANY PORTION OF THE SETTLEMENT FUND.

Important Dates

October 7, 2021 — Exclusion Deadline

October 7, 2021 — Objection Deadline

October 7, 2021 — Claim Deadline

December 6, 2021 at 8:30 a.m — Final Approval Hearing

You are hereby notified that a proposed settlement in the amount of $2,400,000 has been reached with the City in a class action lawsuit pending in Macomb County Circuit Court titled Macomb Retail Center, LLC et al., v. City of Roseville, Case No. 2019-5299-CZ, presiding Judge Edward A. Servitto, Jr. (the “Lawsuit”), challenging stormwater service charges the City imposes upon owners of real property. The amounts Plaintiffs and the Class paid or incurred for stormwater disposal between January 1, 2019 and June 30, 2021 shall be referred to herein as the “Stormwater Charges.”

Plaintiffs are entities who own property in the City and who have paid the City’s Stormwater Charges. Plaintiffs contend that (a) the Stormwater Charges are not proper user fees, but taxes wrongfully imposed by the City to raise revenue in violation of the Headlee Amendment to the Michigan constitution of 1963; (b) the Stormwater Charges violate the Prohibited Taxes By Cities And Villages Act, MCL 141.91 because the Stormwater Charges are not ad valorem taxes, but are taxes imposed, levied, or collected after January 1, 1964; (c) the City has been unjustly enriched by the collection and retention of the Stormwater Charges and/or is required to refund the Stormwater Charges under a theory of assumpsit; and (d) that Plaintiffs and those similarly situated have been harmed by the City’s collection and retention of the Stormwater Charges.

The Plaintiffs sought a judgment from the Court against the City that would order and direct the City to refund all Stormwater Charges to which Plaintiffs and the class are entitled and grant any other appropriate relief. The City maintained and continues to maintain that the City’s imposition of the Stormwater Charges is proper and not unlawful, and thus denies the Plaintiffs’ claims and contends that it should prevail in the Lawsuit. The Court has made no rulings concerning the merits of the lawsuit at this time.

On June 1, 2020, Judge Servitto entered an Opinion and Order certifying the lawsuit as a class action. You are receiving this Notice because the City’s records indicate that you paid for stormwater disposal services between January 1, 2019 and June 30, 2021 and are therefore a member of the class.

For settlement purposes, the parties have agreed that the Class will consist of all persons or entities who/which paid or incurred the Stormwater Charges between January 1, 2019 and June 30, 2021 (the “Class”). The Settlement Agreement is intended to settle all of the claims of the Class.