In re Waters Drain Drainage District

818 N.W.2d 478, 296 Mich. App. 214
CourtMichigan Court of Appeals
DecidedApril 17, 2012
DocketDocket No. 298873
StatusPublished
Cited by47 cases

This text of 818 N.W.2d 478 (In re Waters Drain Drainage District) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Waters Drain Drainage District, 818 N.W.2d 478, 296 Mich. App. 214 (Mich. Ct. App. 2012).

Opinion

Per Curiam.

Plaintiffs, Arath iy Inc., and Bomarko, Inc., appeal by leave granted1 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. For the reasons set forth in this opinion, we affirm.

I. FACTS AND PROCEDURAL HISTORY

Defendant undertook to make improvements to the Waters Drain and apportioned the cost of such improvements to property owners located in the Waters Drain Special Assessment District in accordance with the [216]*216Drain Code, MCL 280.1 et seq. Plaintiffs owned land within the special assessment district. As permitted by MCL 280.155, plaintiffs appealed the apportionment in the Kent County Probate Court. The probate court appointed a three-member board of review. The board of review rejected plaintiffs’ challenge and upheld defendant’s apportionment. Thereafter, the probate court ordered plaintiffs to pay $6,659.97 for defendant’s attorney fees and to compensate each board member in the amount of $500, plus travel expenses, for a total of $1,552.82. Plaintiffs appealed in the circuit court, which affirmed the probate court’s award of attorney fees and compensation for the board members. Plaintiffs appeal by leave granted.

II. ANALYSIS

A. ATTORNEY FEES

Plaintiffs argue that the probate court erred by awarding defendant attorney fees under MCL 280.158.

“A trial court’s grant of attorney fees is reviewed for an abuse of discretion.” McIntosh v McIntosh, 282 Mich App 471, 483; 768 NW2d 325 (2009). The abuse of discretion standard recognizes “ ‘that there will be circumstances in which . .. there will be more than one reasonable and principled outcome.’ ” Maldonado v Ford Motor Co, 476 Mich 372, 388; 719 NW2d 809 (2006), quoting People v Babcock, 469 Mich 247, 269; 666 NW2d 231 (2003). Under this standard, an abuse of discretion occurs when the decision results in an outcome falling outside the range of principled outcomes. Woodard v Custer, 476 Mich 545, 557; 719 NW2d 842 (2006).

This case requires us to construe MCL 280.158. “Issues of statutory interpretation are questions of law [217]*217that are reviewed de novo.” Klooster v City of Charlevoix, 488 Mich 289, 295; 795 NW2d 578 (2011). “When interpreting statutory language, courts must ascertain the legislative intent that may reasonably be inferred from the words in a statute.” Allen v Bloomfield Hills Sch Dist, 281 Mich App 49, 52-53; 760 NW2d 811 (2008). Unless defined in the statute, each word should be given its plain and ordinary meaning. Brackett v Focus Hope, Inc, 482 Mich 269, 276; 753 NW2d 207 (2008). In the absence of a statutory definition of a term, a court may consult a lay dictionary to determine the meaning of a common word that lacks a unique legal meaning. Id. This Court should presume that each statutory word or phrase has meaning, thus avoiding rendering any part of a statute nugatory. Allen, 281 Mich App at 53.

A court may award costs and attorney fees only when specifically authorized by statute, court rule, or a recognized exception. MCL 600.2405(6); Phinney v Perlmutter, 222 Mich App 513, 560; 564 NW2d 532 (1997). MCL 280.158 provides:

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.

Plaintiffs argue that the “whole costs and expenses” language of MCL 280.158 does not encompass attorney fees. While the statute does not explicitly refer to attorney fees, it does provide that an “appellant shall pay the whole costs and expenses of such appeal.” MCL 280.158 (emphasis added). The term “whole” is a com[218]*218mon word that is not defined in the Drain Code. Therefore, it is appropriate to consult a dictionary for a definition of the term. Brackett, 482 Mich at 276. Random House Webster’s College Dictionary (2d ed, 1997) defines the word “whole” as “comprising the full quantity or amount; entire or total[.]” Thus, use of the expansive term “whole” in MCL 280.158 evinces the Legislature’s intent that a landowner appealing an apportionment must pay the entire or total amount of costs and expenses of the appeal in the event that the apportionment is sustained. Clearly, defendant would incur legal expenses in defending such an appeal, and these legal expenses would constitute a portion of the entire or total costs or expenses of an appeal. In light of the Legislature’s use of the broad term “whole” to modify the phrase “costs and expenses,” we conclude that the phrase “whole costs and expenses” of MCL 280.158 encompasses attorney fees.

In support of their argument, plaintiffs cite In re Forfeiture of $10,780, 181 Mich App 761; 450 NW2d 93 (1989). In that case, this Court construed a provision of the controlled substances act, MCL 333.7101 et seq., that stated, in relevant part: “ ‘[If] the property is ordered forfeited by the court the obligor shall pay all costs and expenses of the forfeiture proceedings.’ ” Id. at 766, quoting MCL 333.7523(l)(c). This Court held that the statute did not allow the prosecutor to recover attorney fees and explained: “[T]he relevant provision, while providing for costs, does not specifically provide for attorney fees. Michigan adheres to the rule that attorney fees are not recoverable as an element of costs unless they are specifically authorized by statute, court rule or a recognized exception.” Id.

We reject plaintiffs’ reliance on In re Forfeiture of $10,780 for two reasons. First, it did not involve the [219]*219same statute as the present case and the language is not the same. This case concerns a provision of the Drain Code that contains broad language giving the probate court discretion to determine the “whole costs and expenses” of the appellate proceeding. In contrast, In re Forfeiture of $10,780 involved a provision of the controlled substances act that did not explicitly refer to the relevant court’s discretion to decipher the costs and expenses of the forfeiture proceedings. Hence, that case does not govern our interpretation of MCL 280.158. Furthermore, In re Forfeiture of $10,780 is of minimal persuasive value considering that this Court and our Supreme Court have previously held that an award of attorney fees was proper even though such fees were not explicitly referred to in the specific court rule or constitutional provision. See, e.g., Macomb Co Taxpayers Ass’n v L’Anse Creuse Pub Sch, 455 Mich 1, 2 & n 2, 7-10; 564 NW2d 457 (1997) (holding that attorney fees were appropriate as costs under the Headlee Amendment, Const 1963, art 9, § 32, given that the amendment provided that the taxpayer “shall receive .. . his costs incurred” following a successful enforcement action); Sirrey v Danou,

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Paul E Debono v. Casey C Cummins
Michigan Court of Appeals, 2025
Joseph a Adjwok v. Department of Treasury
Michigan Court of Appeals, 2025
Ameerah Matti v. Hussan Tahnun
Michigan Court of Appeals, 2024
Lakoko Ridley v. Esurance Insurance Company
Michigan Court of Appeals, 2023
Roszetta Marie McNeill v. Wayne County
Michigan Court of Appeals, 2023
Burt Smith v. Home-Owners Insurance Company
Michigan Court of Appeals, 2022
City of Detroit v. Nationwide Recovery Inc
Michigan Court of Appeals, 2021
Allison Tasich v. Gregory Tasich
Michigan Court of Appeals, 2020
William W Simonds v. Julie a Simonds
Michigan Court of Appeals, 2019
Estate of Robert Muhammad v. William Gresley
Michigan Court of Appeals, 2019
in Re Kapp Estate
Michigan Court of Appeals, 2018
Township of Almont v. County of Lapeer
Michigan Court of Appeals, 2018
Shafiq Kasham v. Ahmad M Kasham
Michigan Court of Appeals, 2017
Lansing Ice and Fuel Company v. Roy Smith
Michigan Court of Appeals, 2017

Cite This Page — Counsel Stack

Bluebook (online)
818 N.W.2d 478, 296 Mich. App. 214, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-waters-drain-drainage-district-michctapp-2012.