RUSH v. STERNER

Docket No. 71870.

143 Mich. App. 672 (1985)

373 N.W.2d 183

RUSH v. STERNER

Michigan Court of Appeals.

Decided June 19, 1985.


Attorney(s) appearing for the Case

Varnum, Riddering, Schmidt & Howlett (by Nyal D. Deems and Teresa S. Decker), for plaintiffs.

Honigman, Miller, Schwartz & Cohn (by Stephen Wasinger), and Welch, Nichols, Watt & McKaig (by Lawrence P. McKaig), for defendants.

Amicus Curiae:

Dilley & Dilley (by Frederick D. Dilley), for West Michigan Environmental Action Council.

Before: M.J. KELLY, P.J., and R.M. MAHER and M.P. REILLY, JJ.


PER CURIAM.

Plaintiffs appeal as of right from the trial court's order granting defendant's motions to dismiss pursuant to GCR 1963, 504.2.

At issue in this case is defendants' right to rehabilitate an unused dam on their property to produce hydroelectric power. Rehabilitation of the dam will flood part of plaintiffs' property, located immediately upstream from defendants' land, and may alter Prairie Creek which flows beside the property of both plaintiffs...

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