Michigan Laws 280.12 – Specification of time; directory or mandatory
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Terms Used In Michigan Laws 280.12
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- drain: whenever used in this act , shall include the main stream or trunk and all tributaries or branches of any creek or river, any watercourse or ditch, either open or closed, any covered drain, any sanitary or any combined sanitary and storm sewer or storm sewer or conduit composed of tile, brick, concrete, or other material, any structures or mechanical devices, that will properly purify the flow of such drains, any pumping equipment necessary to assist or relieve the flow of such drains and any levee, dike, barrier, or a combination of any or all of same constructed, or proposed to be constructed, for the purpose of drainage or for the purification of the flow of such drains, but shall not include any dam and flowage rights used in connection therewith which is used for the generation of power by a public utility subject to regulation by the public service commission. See Michigan Laws 280.3
Except as provided in section 8, when a time is specified in this act in which the drain commissioner or a drainage board shall take a specified administrative action or a procedural step, the specification of time shall be considered directory and not mandatory and failure to take the action or step within the time specified shall not affect the legality and validity of a drain proceeding. Where the specification of time relates to the giving of notice, the filing of objections, the taking of an appeal, the commencement of an action in a court, the taking of an action or step in the assessment, levy, or collection of drain assessments, taxes or other charges, or to a requirement of due process, the specification of time shall be considered mandatory if so provided in this act.