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COOK v. GRAND RIVER HYDROELECTRIC POWER CO.

Docket No. 67391.

131 Mich. App. 821 (1984)

346 N.W.2d 881

COOK v. GRAND RIVER HYDROELECTRIC POWER COMPANY, INC.

Michigan Court of Appeals.

Decided February 6, 1984.

Attorney(s) appearing for the Case

Clary, Nantz, Wood, Hoffius, Rankin & Cooper (by John E. Anding and Mark R. Smith), for plaintiffs.

Honigman, Miller, Schwartz & Cohn (by Stephen Wasinger), for defendant on appeal.

Before: R.B. BURNS, P.J., and D.E. HOLBROOK, JR., and R.L. TAHVONEN, JJ.

R.B. BURNS, P.J.

This controversy centers on the operation of the La Barge Dam located in Kent County on the Thornapple River. Between 1971 and 1980, plaintiffs purchased properties abutting the river upstream from the dam. In 1980, defendant bought the dam and all rights appurtenant thereto from Consumers Power Company. Consumers had ceased using the dam to generate electricity in 1965 and in 1970 had ceased using the dam gates, leaving them open. After purchasing...

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