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MISSAUKEE COUNTY BD. OF COMM. v. NYLAND

Docket No. 13894.

45 Mich. App. 307 (1973)

206 N.W.2d 543

MISSAUKEE COUNTY BOARD OF COMMISSIONERS v. NYLAND.

Michigan Court of Appeals.

Decided February 26, 1973.

Attorney(s) appearing for the Case

Chester C. Pierce (Miller, Canfield, Paddock & Stone [by Charles L. Burleigh, Jr.], of counsel), for plaintiffs.

K.E. Thompson and James C. Thompson, for defendants.

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

Leave to appeal denied, 390 Mich ___.

DANHOF, J.

In 1942, acting pursuant to a petition filed by the Missaukee County Board of Supervisors, the Circuit Court for the County of Missaukee entered an order under 1939 PA 194 establishing normal height and water level of Lake Missaukee at 1238 feet above sea level. It appears that after 1942 the lake level was allowed to fluctuate. In 1968 the level of the lake rose to a point where the sewer systems of residents...

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