MIDDLETON DEV. CORP. v. GUST

Docket No. 12064.

44 Mich. App. 71 (1972)

205 N.W.2d 39

MIDDLETON DEVELOPMENT CORP. v. GUST.

Michigan Court of Appeals.

Decided December 6, 1972.


Attorney(s) appearing for the Case

Wilson & Stone, for plaintiff.

Hughes & Trucks, for defendants.

Before: R.B. BURNS, P.J., and HOLBROOK and O'HARA, JJ.


O'HARA, J.

Plaintiff real-estate developer desired to create one large lake from three small lakes then existing on the involved property. It proposed to do this by building a dam which would raise the water level. By virtue of a written agreement, dated October 1, 1965, defendants — who were the only land owners on the proposed lake besides the plaintiff — granted flowage rights over their land to plaintiff corporation in exchange for a promise to rough...

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