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Does our township have to proceed with a special assessment project under Act 188 if we receive a property owner petition for the project?

No. The common township special assessment statute, Act 188 of 1954 (“Act 188”), allows property owners to submit petitions to a township for the purposes of proceeding with a project (e.g., road paving, sidewalks, and streetlights, among many others). See MCL 41.723(4).

Unlike other statutes that mandate action upon receipt of a petition (e.g., the Michigan Zoning Enabling Act requiring referendum elections on zoning ordinances or amendments), Act 188 does not require a township to proceed with the assessment process for a project if it does not want to. See MCL 41.724(1).

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