Kish v. City of Oak Park

State of Michigan
Oakland County Circuit Court

Case No. 2015-149751-CZ

IN ORDER TO RECEIVE A REFUND AS PART OF THIS CLASS ACTION SETTLEMENT, YOU ARE REQUIRED TO SUBMIT A WRITTEN CLAIM.


IF YOU PAID THE CITY OF OAK PARK FOR WATER AND SANITARY SEWER SERVICE AT ANY TIME BETWEEN OCTOBER 22, 2009 AND AUGUST 31, 2018 AND WISH TO RECEIVE A CASH REFUND IF YOU QUALIFY FOR SUCH REFUND, YOU MUST SUBMIT A CLAIM FORM ON OR BEFORE JANUARY 18, 2019 AND MAIL IT TO: OAK PARK SETTLEMENT, 1650 ARCH ST., STE 2210, PHILADELPHIA, PA 19103, EMAIL THE COMPLETED FORM TO INFO@OAKPARKSETTLEMENT.COM, OR YOU CAN CLICK HERE TO SUBMIT AN ELECTRONIC FORM FROM THIS WEBSITE.

A proposed settlement in the amount of $2,850,000 has been reached with the City in a class action lawsuit pending in Oakland County Circuit Court titled Kish v. City of Oak Park, Case No. 2015-149751-CZ, presiding Judge Leo Bowman, challenging two cost components included in the City’s water and sewer rates, specifically (1) a mandatory debt service charge (the “Kuhn Facility Debt Charge”) and (2) a mandatory stormwater disposal charge (the “Stormwater Charge”) (collectively the “Charges”) imposed by the City on users of its water and sanitary sewage disposal services.

Plaintiffs are individuals who are water and sanitary sewer customers and who have paid the Charges imposed by the City. Plaintiffs contend that the inclusion of such Charges in the City’s water and sewer rates (“Rates”) are motivated by a revenue-raising and not a regulatory purpose, that they are disproportionate to the City’s actual costs of providing water and sewer services, and that (1) the Charges are therefore unlawful under the Headlee Amendment to the Michigan Constitution and Michigan statutes, and (2) the City is liable for a refund of the Charges under a theory of unjust enrichment.

The Plaintiffs seek a judgment from the court against the City that would order and direct the City to refund all Charges to which plaintiff and the class are entitled and any other appropriate relief.

The City denies that the Charges are improper and therefore, denies the Plaintiff’s claims and contends that it should prevail in the Lawsuit.

On April 5, 2016, the Court entered an order certifying the Lawsuit as a class action. If you received a Notice, the City’s records indicate that you paid for water and/or sanitary sewage disposal services between October 22, 2009 and August 31, 2018 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 the City for water and sewer service between October 22, 2009 and August 31, 2018 (the “Class”). This Agreement is intended to settle all of the claims of the Class.




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