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MILLER v. FABIUS TOWNSHIP BOARD

Docket No. 5, Calendar No. 48,846.

366 Mich. 250 (1962)

114 N.W.2d 205

MILLER v. FABIUS TOWNSHIP BOARD.

Supreme Court of Michigan.

Decided March 19, 1962.

Attorney(s) appearing for the Case

Edward J. Ryan, for plaintiff.

Carroll B. Jones, for defendant.

KAVANAGH, J.

Plaintiff filed a bill of complaint in chancery in the circuit court for the county of St. Joseph naming the Fabius township board as defendant under the Michigan declaratory judgment statute.1 He sought a decree finding the following ordinance adopted by defendant board to be void and unconstitutional:

"Effective August 25, 1959, powerboat racing and water skiing shall be prohibited on Pleasant lake in Fabius township...

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