STATE EX REL. MacMULLAN v. HARRINGTON

Docket No. 8539.

32 Mich. App. 209 (1971)

188 N.W.2d 214

STATE, ex rel. MacMULLAN, v. HARRINGTON

Michigan Court of Appeals.

Decided March 30, 1971.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, and Jerome Maslowski and Warren R. Snyder, Assistants Attorney General, for plaintiff.

Hoffman & Hoffman, for defendant.

Before: FITZGERALD, P.J., and V.J. BRENNAN and T.M. BURNS, JJ.


PER CURIAM.

This is an injunctive action brought by the State of Michigan to prevent a riparian owner on the navigable Kalamazoo River from constructing a landfill bulkhead. The trial court dismissed the complaint and plaintiff appeals.

In 1964, defendant applied to the Army Corps of Engineers, who have concurrent jurisdiction over the river with the State of Michigan, for a permit to construct a landfill bulkhead. The State Department of Conservation was...

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