Michigan Compiled Laws

Mich. Comp. Laws § 280.483 (2026)

Certiorari; time; legal establishment of drain.

✓ current as of July 2026

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THE DRAIN CODE OF 1956

Act 40 of 1956

280.483 Certiorari; time; legal establishment of drain.

Sec. 483.

Neither the final order of determination nor the final order of apportionment shall be subject to attack in any court, except by proceedings in certiorari brought within 20 days after the filing of such order in the office of the chairman of the board issuing the same. If no such proceeding shall be brought within the time above prescribed, the drain shall be deemed to have been legally established and the legality of the drain and the assessments therefor shall not thereafter be questioned in any suit at law or in equity, either on jurisdictional or nonjurisdictional grounds.

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

PopularName Notes:

Act 40

Notes of Decisions

Cited in 9 cases, 1960–2019 · leading case: Barak v. Oakland Cnty. Drain Comm'r, 633 N.W.2d 489 (Mich. Ct. App. 2001).

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Barak v. Oakland Cnty. Drain Comm'r, 633 N.W.2d 489 (Mich. Ct. App. 2001). “Section 483 of the Drain Code, MCL 280.483, provides in relevant part: Neither the final order of determination nor the final order of apportionment shall be subject to attack in any court, except by proceedings in certiorari[ 8 ] brought within 20 days after the filing of such…”

Emerick v. Saginaw Twp., 304 N.W.2d 536 (Mich. Ct. App. 1981). “” MCL 280.483; MSA 11.1483. Clearly, plaintiffs have not complied with the time limits of the statute.”

In Re Petition of MacOmb Cty. Drain Com'r, 120 N.W.2d 789 (Mich. 1963). “Much in the way of quasi-legislative and quasi-judicial authority is vested by law [3] in the appointed drainage board with indicative corollary that, to the extent its doings are reviewable only within the *648 limits of the constitutional writ of certiorari (see section 483…”

Elba Twp. v. Gratiot Cnty. Drain Comm'r, 812 N.W.2d 771 (Mich. Ct. App. 2011). “72 In Emerick, this Court interpreted a different provision of the Drain Code, MCL 280.483, which provides as follows: Neither the final order of determination nor the final order of apportionment shall be subject to attack in any court, except by proceedings in certiorari…”

City of Sterling Heights v. MacOmb Interceptor Drain Drainage Dist (Mich. Ct. App. 2019). · cites it 4× “The relevant limitations period is instead the 20-day limitations period in Chapter 20, MCL 280.483, thus rendering its complaint timely filed.”

Blakely Drain Improvements Drainage Dist. v. City of Woodhaven, 112 Mich. App. 675 (Mich. Ct. App. 1982). “MCL 280.483; MSA 11.1483 states: "Neither the final order of determination nor the final order of apportionment shall be subject to attack in any court, except by proceedings in certiorari brought within 20 days after the filing of such order in the office of the chairman of the…”

People ex rel. State High. Comm'r v. Macomb Cnty. Drain Comm'r, 369 Mich. 641 (Mich. 1963). “Much in the way of quasi-legislative and quasi-judicial authority is vested by law 3 in the appointed drainage board with indicative corollary that, to the extent its doings are reviewable only within the *648 limits of the constitutional writ of certiorari (see section 483 [CLS…”

Kickham Hanley Pllc v. Oakland Cnty. Michigan (Mich. Ct. App. 2019). “” 3 Defendant also argues that, because plaintiff’s claims were premised on the resolution and Final Order of Apportionment, the claims challenged the propriety of the Final Order of Apportionment and the legality of apportioning the costs to Royal Oak.”

City of Madison Heights v. Twelve Towns Relief Drains Drainage Bd., 106 N.W.2d 126 (Mich. 1960). “Plaintiff points to the provisions of CLS 1956, § 280.483 (Stat Ann 1960 Rev § 11.1483), which reads: “Neither the final order of determination nor the final order of apportionment sháll be subject to attack in any court, except by proceedings in certiorari brought within 20…”

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