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NICHOLAS v. McDANIEL

Docket Nos. 77-5203, 77-5204.

88 Mich. App. 120 (1979)

276 N.W.2d 538

NICHOLAS v. McDANIEL DEPARTMENT OF NATURAL RESOURCES v. NICHOLAS

Michigan Court of Appeals.

Decided January 16, 1979.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, and Jerome Maslowski and Randall Whitworth, Assistants Attorney General, for Department of Natural Resources.

William C. Nicholas, in propria persona.

Fraser, Trebilcock, Davis & Foster (by Donald A. Hines), for defendants.

Before: R.B. BURNS, P.J., and J.H. GILLIS and V.J. BRENNAN, JJ.

J.H. GILLIS, J.

William and Caroline Nicholas (hereinafter referred to as plaintiffs) appeal from a declaratory judgment and permanent injunctive order dismissing the Nicholas claim for trespass against Russell McDaniel and Richard Rademacher (hereinafter referred to as defendants), declaring Burgess Creek to be navigable, and prohibiting plaintiffs from obstructing free passage through same.

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