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BATTJES BUILDERS v. KENT CTY. DRAIN COMMISSIONER

Docket No. 3,935.

15 Mich. App. 618 (1969)

167 N.W.2d 123

BATTJES BUILDERS v. KENT COUNTY DRAIN COMMISSIONER

Michigan Court of Appeals.

Leave to appeal denied June 20, 1969.

Attorney(s) appearing for the Case

Warner, Norcross & Judd (J.M. Neath, Jr., and R. Malcolm Cumming, of counsel), for plaintiffs Battjes Builders and Tanglefoot Company.

McShane, Bowie & Anderson, for plaintiff Eastern Shopping Centers, Inc.

Hillman, Baxter & Hammond, for defendant Woodland Shopping Center, Inc.

Dickinson, Wright, McKean & Cudlip (Charles R. Moon, of counsel), and Vander Veen, Freihofer & Cook (Robert P. Cooper, of counsel), for defendant Frank Bouma.

Leave to appeal denied June 20, 1969. See 382 Mich. 764.

TEMPLIN, J.

Plaintiffs appeal from a denial of injunctive relief to prohibit the construction of a proposed county drain in Kent County. Plaintiffs allege some eleven grounds of error which we find, in the main, to be repetitious and without merit. The allegations appear to resolve into two primary questions, namely:

Is the construction of Whiskey Creek Drain no. 362 conducive to the public health...

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