City of Dearborn Heights 2019 and 2021 Basement Flooding - Class Action Settlement

Basement Flood Lawsuit Class Action Settlement

A settlement has been reached with the City of Dearborn Heights to resolve claims arising from the April 30-May 1, 2019 and July 16, 2021 basement flooding events in the City of Dearborn Heights, Michigan.

On December 1, 2023, the Court issued an Order granting Preliminary Approval of the Class Action Settlement. The Court still has to decide whether to approve the settlement. Payments will only be made if the Court finally approves the settlement and after appeals, if any, 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, Defendants shall contribute to the creation of a settlement fund totaling $900,000 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 anyone listed in Exhibit 1 to the Settlement Agreement, who claims that a Written Notice of Claim regarding the claimed Sewage Disposal System Event occurring within the City of Dearborn Heights on or about April 30-May 1, 2019 was served on the Defendants and/or who claims that a Written Notice of Claim regarding the claimed Sewage Disposal System Event occurring within the City of Dearborn Heights on or about July 16, 2021 was served on Defendants.

Important Deadlines

January 29, 2024 – 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 7 of the Notice.

February 13, 2024 – Claim Forms must be postmarked on or before this date.

February 6, 2024 at 11:00 a.m. via Zoom – Final Fairness Hearing to Approve the Settlement Agreement.

How to Obtain a Payment

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 February 13, 2024, to the following address: 975 E Jefferson Ave, Detroit, MI 48207.

You will not get paid if you fail to mail in the appropriate Claim Form and supporting documents by the required deadline. Sending in a Claim Form late or without documentation will be the same 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 ( or by mail at: Dubin Law, PLLC., 2723 S State St, Suite 150, Ann Arbor, MI 48104.

Important Documents

Settlement Agreement

Notice of Pendency of Class Action Settlement

Claim Form B

Claim Form D

Exhibit 1 of the Settlement Agreement

Order Preliminarily Approving Class Action Settlement