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GRUBB CREEK ACTION COMMITTEE v. SHIAWASSEE COUNTY DRAIN COMM'R

Docket No. 178001.

554 N.W.2d 612 (1996)

218 Mich. App. 665

GRUBB CREEK ACTION COMMITTEE, et al., Plaintiffs-Appellees, v. SHIAWASSEE COUNTY DRAIN COMMISSIONER, Gary Bendall, Grubb and Extension Drain, and Bob McAvoy, Leonard Ash and Ray Wirth, Jr., in their capacity as the Board of Determination, Defendant-Appellants.

Court of Appeals of Michigan.

Decided September 10, 1996, at 9:10 a.m.

Released for Publication October 25, 1996.

Attorney(s) appearing for the Case

Lynn D. Bowne, Owosso, for plaintiffs.

Hubbard, Fox, Thomas, White & Bengtson, P.C. by Geoffrey H. Seidlein, Lansing, for defendants.

Before: HOEKSTRA, P.J., and MICHAEL J. KELLY and J.M. GRAVES, Jr., JJ.

PER CURIAM.

Defendants appeal as of right from a declaratory judgment of the Shiawassee Circuit Court that effectuated a prior order that limited to the spot cleaning of a drain the scope of the order of necessity issued by a board of determination under the Drain Code of 1956, M.C.L. § 280.1 et seq.; M.S.A. § 11.1001 et seq. We reverse.

In December 1989, five freeholders filed a petition with the Shiawassee Drain Commission to clean...

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