PROPOSED SETTLEMENT REACHED

Please fully read this material.

A settlement has been proposed in the Charlevoix County Circuit Court class action lawsuit captioned as Zettel v. County of Charlevoix, Case No. 18-0591-26-CZ.

Final Approval / Fairness Hearing: June 18, 2025 at 1:30p.m.
301 State St., Charlevoix, MI 49720

Announcement Regarding Class Settlement

If you owned or are the heir or successor to a person who owned real property that was foreclosed upon by Charlevoix County between January 1, 2012 and December 31, 2020 for the non-payment of real property taxes, you may be entitled to payment from a proposed class action settlement.

This class action alleges that the Charlevoix County and its Treasurer (the “Defendants”) violated Plaintiffs’ rights by failing to give Plaintiffs the proceeds from the sale of the tax-foreclosed properties formerly owned by Plaintiffs that exceeded the unpaid taxes, fees, and other costs associated with those properties. These claims have become known as “surplus-proceeds claims.”

The Defendants deny that they have done anything wrong and have defended themselves. The Court has not decided who is right. However, both sides have agreed to settle the dispute to avoid burdensome and costly litigation. The Settlement offers payment(s) to members of the Settlement Class who file claims after the Court's upcoming approval hearing.

You may have received a Notice as a potential Class Member or heir of a potential Class Member and may be entitled to participate in the proposed Settlement. Your rights and options are detailed in that Notice, along with deadlines to act. Your legal rights are affected whether you act or not. Read the Notice carefully.

YOUR LEGAL RIGHTS AND OPTIONS IN THIS CLASS ACTION
DO NOTHING	Stay in this case. You are automatically part of the Class if you meet the description set forth below. You may benefit from any settlement. If the Court approves the settlement, then you will be given further notice instructing you how to make a claim for benefits under the Settlement.
EXCLUDE YOURSELF	You may request to be excluded from the Class. This is also referred to as “opting out.” If you opt out, and money or benefits are available, you will not share in them. If you ask to be excluded, you will no longer be part of this case and will not be bound by or benefit from any ruling of the court. Instructions on how to exclude yourself from the Class are contained later in the Court's Notice.
OBJECT	You may object to the terms of the Settlement. Write to the Court and comment on the Settlement. If you object, you are still eligible to file a claim for benefits under the Settlement. Instructions on how to object to the Settlement are contained later in the Court's Notice.
GO TO THE FAIRNESS HEARING	Appear at the Final Fairness Hearing. The Court has scheduled a hearing to evaluate the fairness of the Settlement and Class Counsel’s request for attorneys’ fees and reimbursement of costs to take place on June 18, 2025 at 1:30p.m. at the Charlvoix County Circuit Courthouse at 301 State Street, Charlevoix, MI 49720. You may attend the hearing at your own expense, but it is not necessary. You may ask to speak in court about the fairness of the Settlement if you did not exclude yourself. Instructions on how to speak at the Fairness Hearing are contained later in the Court's Notice.

These rights and options and the deadlines to exercise them are explained in the Notice.

Read the Class Notice

The Court in charge of this case still must decide whether to approve the Settlement. If it does, after any appeals are resolved, payments will be made to those who make a timely, valid claim.

Basic Background Information

About Class Actions

In a class action, one or more plaintiffs, referred to as a “Named Plaintiff,” sue on behalf of people and/or entities who have similar claims against a common defendant or defendants. All of the individuals and entities on whose behalf the Named Plaintiff in this lawsuit are suing are members of a “class” referred to in the Notice as Class Members. Because the Named Plaintiff believes that the wrongful conduct alleged in this case affected a number of individuals and entities in a similar way, the Named Plaintiff filed this case as a class action seeking relief from the Defendants for everyone in the Class.

Why did I receive a Notice?

A review of government records indicates that you or a family member may have had one or more parcels of property foreclosed upon by Charlevoix County for the non-payment of past-due property taxes and that the seized parcel(s) were sold at auction during certain for more than the tax and penalties that were owed. The Court caused the Notice to be sent to you because governmental records indicate that you fall within the definition of the Class and, therefore, you have a right to know about the Settlement and have legal rights and options that you may exercise before the Court decides whether to give final approval to the Settlement.

What is this lawsuit about?

In this case commenced in 2018, Plaintiffs Bryan and Gail Zettel asserted on behalf of themselves and others similarly situated that Charlevoix County violated their rights by failing to give Plaintiffs the proceeds from the sale of the tax-foreclosed properties that exceeded the unpaid taxes, fee, and other costs associated with those properties. They assert, among other claims, that Defendants violated state and federal law by not returning this property. After years of litigation, a proposed settlement has been reached.

Do I have a lawyer in the case?

The Court has appointed E. Powell Miller of the Miller Law Firm, P.C., Philip L. Ellison of Outside Legal Counsel PLC, and Matthew E. Gronda of Gronda PLC to represent the Class. They are called “Class Counsel.” They are experienced in handling similar class action cases. You may contact Class Counsel using the information below. You are not required to hire your own lawyer because Class Counsel is working on behalf of the Class. If you want to hire your own lawyer, you certainly can, but you will have to pay that lawyer yourself.

When do I make a claim?

You do not need to make a claim at this time. Class Members must make a claim for benefits under the Settlement within 9 months of the date that the Settlement becomes effective after approval by the Court. The approval hearing (known as a Fairness Hearing) is scheduled for June 18, 2025 at 1:30p.m. If approval is provided, you will receive additional notification regarding claim deadline with instructions on how to make a claim.

What does the Settlement provide?

In the Settlement, in exchange for a release, each Class Member is entitled to 95% of the surplus proceeds from the sale of the property plus a payment for interest on that amount at the variable rates established for money judgments under Michigan law in accord with their interest in the property. The County also agreed to pay certain attorney fees incurred by the Class. More details can be reviewed in the Notice and the Settlement Agreement.

Class Notice

A Notice was sent to certain individuals because a review of government records indicates that one or more parcels of property foreclosed upon by Charlevoix County for the non-payment of past-due property taxes and that the seized parcel(s) were sold at auction between the dates of January 1, 2012 and December 31, 2020 for more than the tax and penalties that were owed.

View the Class Notice

The Charlevoix County Circuit Court caused this Notice to be sent regarding legal rights and options that you may exercise before the Court decides whether to give final approval to the Settlement, as described in the notice. Your legal rights are affected whether you act or not.