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Restraining or Delaying Collection or Payment of Assessments; Statement of Claim; Action for Recovery of Payment; Issues; Review; Remedy Exclusive - Mich. Comp. Laws Section 460.117

Legal Research Home > Michigan Laws > Public Utilities > Restraining or Delaying Collection or Payment of Assessments; Statement of Claim; Action for Recovery of Payment; Issues; Review; Remedy Exclusive - Mich. Comp. Laws Section 460.117

460.117 Restraining or delaying collection or payment of assessments; statement of claim; action for recovery of payment; issues; review; remedy exclusive.

Sec. 7.

A suit or proceeding shall not be maintained in a court for the purpose of restraining or delaying the collection or payment of an assessment made under this act. A person or corporation making a payment under this act, believing the amount to be excessive, erroneous, unlawful or invalid may file a statement of claim with the court of claims. In an action for recovery of a payment made under this act, the claimant may raise every relevant issue of law and fact, evidenced by the record made before the commission. The court of claims may review questions of law and fact involved in a final decision or determination of the commission made under this act. The procedure providing for the determination of the lawfulness of assessments and the recovery of payments made under this act shall be exclusive of all other remedies and procedures.


History: 1972, Act 299, Imd. Eff. Dec. 19, 1972

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Last modified: March 17, 2013