Michigan Compiled Laws

Mich. Comp. Laws § 280.268 (2026)

Perpetual injunction not allowed for informalities; plaintiff may show injury.

✓ current as of July 2026
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THE DRAIN CODE OF 1956


Act 40 of 1956


280.268 Perpetual injunction not allowed for informalities; plaintiff may show injury.

Sec. 268.

    The collection of no tax levied or ordered to be levied for the payment of the location or construction of any drain laid out under this act shall be perpetually enjoined or declared absolutely void in consequence of any error or informality of any officer in the location and establishment thereof, nor by reason of any error or informality appearing in the record of the proceedings by which any such drain shall have been located and established, nor on account of any irregularity or informality in the condemnation of right of way, nor for want of any record thereof; but the court in which any action may be brought to recover any tax or assessment paid, or to declare void the proceedings to locate and establish any drain, or to enjoin any tax or assessment levied or ordered to be levied for the payment of the labor and expense thereof, shall, if there be manifest error in the proceedings, allow the plaintiff in action to show that he has been injured thereby.

History: 1956, Act 40, Imd. Eff. Mar. 28, 1956

PopularName Notes:

Act 40
Notes of Decisions
Cited in 1 case, 1982–1982 · leading case: Wikman v. City of Novi, 322 N.W.2d 103 (Mich. 1982).
Wikman v. City of Novi, 322 N.W.2d 103 (Mich. 1982). · cites it 2× “1267, MCL 280.268; MSA 11.1268. [5] See Consumers Power Co v Big Prairie Twp, 81 Mich App 120, 156-157 ; 265 NW2d 182 (1978), Mohawk Data Sciences Corp v Detroit, 63 Mich App 102 ;”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.