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DRAINAGE BOARD v. VILLAGE OF HOMER

Docket No. 18, Calendar No. 47,203.

351 Mich. 73 (1957)

87 N.W.2d 72

DRAINAGE BOARD v. VILLAGE OF HOMER.

Supreme Court of Michigan.

Decided December 24, 1957.

Attorney(s) appearing for the Case

Rosenburg, Painter & Stanton (Frank C. Painter, of counsel), for plaintiffs.

Noble O. Moore, for defendant Village of Homer, and as Prosecuting Attorney for the County of Calhoun.

Thomas M. Kavanagh, Attorney General, Samuel J. Torina, Solicitor General, and Nicholas V. Olds, Assistant Attorney General, for defendant Conservation Commission.

Hatch & Sculthorp (Hazen J. Hatch, of counsel), for defendants Chamberlain and others.

Schroeder & Schroeder (J.E. Schroeder, of counsel), for defendants Van Patten Company, for affirmance.

Dudley & Rogers, for defendants Tuck and Burklund, and others as class of property owners, for affirmance.

BLACK, J.

This bill for declaratory relief sprouts from drain proceedings considered in In re Lampson-Run & McIlwain Drains, 332 Mich. 553. Should the decree of the chancellor be affirmed, our act of affirmance becomes as mournful announcement that there will be no further trysting "down by the old millstream."

The Homer Mill Pond, located in and adjacent to the defendant...

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