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WASHTENAW CTY. v. SALINE RIVER INTERCOUNTY DRAINAGE BD.

Docket Nos. 77-38, 77-39, 77-79, 77-80.

80 Mich. App. 550 (1978)

264 N.W.2d 53

WASHTENAW COUNTY v. SALINE RIVER INTERCOUNTY DRAINAGE BOARD CITY OF SALINE v. SALINE RIVER INTERCOUNTY DRAINAGE BOARD

Michigan Court of Appeals.

Decided January 5, 1978.

Attorney(s) appearing for the Case

Eliot G. Striar, for plaintiffs Washtenaw County, Catherine McClary and Meri Lou Murray.

John L. Etter, for plaintiffs Pittsfield Township and York Township.

Allan W. Grossman, for plaintiff City of Saline.

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, and Harry G. Iwasko, Jr., and Henry J. Boynton, Assistants Attorney General, for defendant Stanley R. Quackenbush.

Drillock, Atkins, Schrope & Marcus, for defendants Saline River Intercounty Drainage Board and Augmented Drainage Board of the Saline River Drain.

Before: J.H. GILLIS, P.J., and BASHARA and H.L. HEADING, JJ.

BASHARA, J.

This is an appeal by defendants from an order of the trial court granting, sua sponte, a summary judgment for plaintiffs, enjoining defendants from establishing the Saline River as an intercounty drain. Although the judgment of the trial court rests upon a procedural peculiarity, we need not address that aspect of the case. The gravamen of the controversy is the interpretation of pertinent sections of the Drain Code of 1956. MCLA 280.1, et seq...

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