EYDE BROTHERS DEVELOPMENT COMPANY
v.
EATON COUNTY DRAIN COMMISSIONER
Supreme Court of Michigan.https://leagle.com/images/logo.png
Argued May 7, 1986.
Decided December 29, 1986.
Attorney(s) appearing for the Case
Reid, Reid, Perry, Lasky, Hollander & Chalmers, P.C. (by Joseph D. Reid and John R. Fifarek), for the plaintiff.
McKay, Murphy, Brenton & Spagnuolo, P.C. (by M. Dale McKay and Frederick J. Griffith, of counsel), for defendant Delta Charter Township.
Foster, Swift, Collins & Coey, P.C. (by Theodore W. Swift, William K. Fahey, and Stephen O. Schultz), for defendant Blue Cross and Blue Shield of Michigan.
Amici Curiae:
Donald Pailen, Corporation Counsel, and Kathleen Leavey-Kageff, Assistant Corporation Counsel, for City of Detroit Water and Sewerage Department.
Lawrence B. Lindemer, B.E. Hagen, and Mirce Nestorovski for Consumers Power Company.
H. Wayne Wells, Mary M. Waterstone, and Jonathan P. Macks for Michigan Bell Telephone Company.
Bauckham, Reed, Lang, Schaefer, Sparks & Rolfe, P.C. (by John H. Bauckham), for Michigan Townships Association.
Loomis, Ewert, Ederer, Parsley, Davis & Gotting (by Quentin A. Ewert, Rodger T. Ederer, Harvey J.Messing, and Thomas E. Maier) for Telephone Association of Michigan.
Supreme Court of Michigan.
Decided December 29, 1986. Rehearing denied 428 Mich. 1206.
WILLIAMS, C.J.
This case arises from the failure of Blue Cross and Blue Shield of Michigan and the Eyde Brothers Development Company to work out an agreement that Blue Cross should use and pay for the use of a connector sewer or drain1 on Eyde's property. Blue Cross claimed that the Eyde sewer was too small and too costly, and thereupon sought to construct a sewer under...
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