A settlement has been reached with the City of Birmingham to resolve claims arising from the August 23-24, 2023 basement flooding event.
On February 12, 2026, the Court issued an Order granting Preliminary Approval of the Class Action Settlement. The Court must still decide whether to approve the settlement. Payments will be made only if the Court finally approves the settlement and, after any appeals, the appeals are resolved.
Please read this Notice carefully. The Notice explains the settlement, class member rights, the available benefits, and how to get them. Class Members have various options that may be exercised before the Court decides whether to approve the settlement. Class Members’ legal rights are affected whether they act or don’t act.
If the Settlement Agreement is approved by the Court at or after the Fairness hearing described in Section 13 of the Notice, Defendant shall contribute to the creation of a settlement fund totaling $800,000 for distribution as set forth in the Settlement Agreement.
In order to claim compensation from the settlement, a Class Member must file with Class Counsel a Claim Form from which he, she, or it sustained Real Property Damages, Personal Property Damages, and/or Out of Pocket Expenses.
The Court has decided that the Settlement Class only includes any persons or entities who are listed in Exhibit 1, who either 1) claims that a Written Notice of Claim regarding the claimed Sewage Disposal System Event occurring on or about August 23–24, 2023 was served on Defendant or 2) claims that they timely notified the City of Birmingham, orally or in writing, they sustained a sewage disposal system event on or about August 23, 2023, and who claim they were not provided written instructions from the City of Birmingham on how to comply with MCL 691.1419(1). Michigan.
March 18, 2026 – Last day to submit either an opt out (to be excluded from the settlement) or object to the Settlement Agreement. This is the deadline to file an objection to the Settlement. This is not the deadline to file an objection to the Class Member's approved claim amount determination under the Settlement. That process is described below in paragraph 11 of the Notice.
April 2, 2026 – Claim Forms must be postmarked on or before this date.
March 25, 2026 at 1:30 p.m. via Zoom – Final Fairness Hearing to Approve the Settlement Agreement.
To obtain payment from the settlement fund, you must do the following:
1. Complete, sign, and date the appropriate Claim Form (it was enclosed with the materials sent to the Class Members). Keep a copy of the completed Claim Form; and
2. Mail the appropriate Claim Form and your supporting documentation no later than April 2, 2026, to the following address: 2723 S State St, Suite 150, Ann Arbor, MI 48104.
You will not get paid if you fail to mail in the appropriate Claim Form and supporting documents by the required deadline. Submitting a Claim Form late or without documentation will be treated as doing nothing.
If you are not sure whether you are a member of the Settlement Class or have any other questions about the settlement, please call 734-821-9279. You can also send your questions to Class Counsel by email (info@dubinlawpllc.com) or by mail at: Dubin Law, PLLC., 2723 S State St, Suite 150, Ann Arbor, MI 48104.
Notice of Pendency of Class Action Settlement
Order Preliminarily Approving Class Action Settlement