Michigan Compiled Laws

Mich. Comp. Laws § 460.117 (2026)

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

✓ current as of July 2026

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COSTS OF REGULATING PUBLIC UTILITIES

Act 299 of 1972

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

Notes of Decisions

Cited in 4 cases, 1983–2018 · leading case: LCI Int'l Telecomm. Corp. v. Dep't of Com., 574 N.W.2d 710 (Mich. Ct. App. 1998).

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LCI Int'l Telecomm. Corp. v. Dep't of Com., 574 N.W.2d 710 (Mich. Ct. App. 1998). “2 *204 LCI filed an action in the Court of Claims pursuant to MCL 460.117; MSA 22.84(7) and moved for summary disposition.”

W. Union Tel. Co. v. Pub. Serv. Comm'n, 338 N.W.2d 731 (Mich. Ct. App. 1983). “63292 is the only case that has the factual record necessary to determine whether or not the act is unconstitutional as applied, this Court does not have the factual record to decide the issue in the other four cases.”

in Re Revisions to Implementation of Pa 299 of 1972 (Mich. Ct. App. 2018). “116 and MCL 460.117 contain procedures for a public utility to challenge an assessment as excessive, erroneous, unlawful, or invalid.”

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