TOTH v. WATERFORD TOWNSHIP

Docket No. 77-240.

87 Mich. App. 173 (1978)

274 N.W.2d 7

TOTH v. WATERFORD TOWNSHIP

Michigan Court of Appeals.

Decided November 27, 1978.


Attorney(s) appearing for the Case

Keeling, Bogue & Huthwaite, for plaintiffs.

Peter J. Donlin, for Charter Township of Waterford.

L.W. McEntee, for Oakland County Road Commission.

Before: M.F. CAVANAGH, P.J., and BRONSON and D.F. WALSH, JJ.


D.F. WALSH, J.

Plaintiffs appeal the circuit court's denial of an injunction to restrain defendant Township of Waterford from proceeding with plans to connect a new storm drainage system to an existing underground storm drain running across plaintiffs' property. They raise two issues:

(1) Has defendant Oakland County Road Commission acquired a prescriptive easement in the existing drain?

(2) Is the proposed addition to the existing drain permissible...

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