Michigan Compiled Laws
Mich. Comp. Laws § 280.158 (2026)
Appeal cost and expenses; liability on bond.
✓ current as of July 2026
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THE DRAIN CODE OF 1956
Act 40 of 1956
280.158 Appeal cost and expenses; liability on bond.
Sec. 158.
In case the apportionment of the commissioner shall be sustained by such board of review the appellant shall pay the whole costs and expenses of such appeal. Such costs and expenses shall be ascertained and determined by the judge of probate, and if not paid the appellant shall be liable on his bond for the full amount of such costs in an action at law, to be brought by the commissioner on the bond before any court having competent jurisdiction.
History: 1956, Act 40, Imd. Eff. Mar. 28, 1956
PopularName Notes:
Act 40Notes of Decisions
Cited in 3
cases, 1982–2012 · leading case: In re Waters Drain Drainage Dist., 818 N.W.2d 478 (Mich. Ct. App. 2012).
In re Waters Drain Drainage Dist., 818 N.W.2d 478 (Mich. Ct. App. 2012). “, appeal by leave granted 1 a circuit court order affirming a probate court order awarding defendant, the Kent County Drain Commissioner, attorney fees under MCL 280.158 and compensating board of review members.”
Wikman v. City of Novi, 322 N.W.2d 103 (Mich. 1982). “161; MSA 11.1161. See also MCL 280.72a; MSA 11.”
Romulus City Treasurer v. Wayne Cnty. Drain Comm'r, 322 N.W.2d 152 (Mich. 1982). “[11] "A proceeding before the tribunal shall be original and independent and shall be considered de novo.”
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