FITTANTE v. SCHULTZ

Docket No. 4,717.

20 Mich. App. 259 (1969)

174 N.W.2d 29

FITTANTE v. SCHULTZ

Michigan Court of Appeals.

Decided November 26, 1969.


Attorney(s) appearing for the Case

Theodore G. Albert, for plaintiff.

Santini, Jacobs & McDonald, for defendant.

Before: R.B. BURNS, P.J., and HOLBROOK and LEVIN, JJ.


PER CURIAM.

The plaintiff seeks to hold the defendant in contempt of court for failure to carry out the terms of a consent decree entered in 1962.

The defendant is the owner of property adjacent to the plaintiff's property. Both the plaintiff's and the defendant's homes are built within a few feet of the common boundary line. When the defendant built his home he raised the elevation of his property approximately four feet causing fill dirt to slide onto the...

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