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AHEARN v. BLOOMFIELD TP.

Docket No. 204335.

597 N.W.2d 858 (1999)

235 Mich. App. 486

Brian AHEARN, Virginia Grow, Emily Kay Murphy, Thomas N. Murphy, Ann Reed, Eleanor Whitson and Frank Whitson, Plaintiffs-Appellants, v. CHARTER TOWNSHIP OF BLOOMFIELD, Defendant-Appellee.

Court of Appeals of Michigan.

Decided May 14, 1999, at 9:00 a.m.

Released for Publication August 9, 1999.

Attorney(s) appearing for the Case

Hainer, Demorest & Berman, P.C. (by Mark S. Demorest), Troy, for the plaintiffs.

Secrest, Wardle, Lynch, Hampton, Truex and Morley (by William P. Hampton and Lanie Anderson), Farmington Hills, for the defendant.

Before: McDONALD, P.J., and JANSEN and TALBOT, JJ.

TALBOT, J.

Plaintiffs appeal as of right the circuit court's order granting defendant's motion for summary disposition. We affirm.

The material facts of this case are undisputed. During the late 1920s, the Oakland County drain commissioner constructed a combined storm water and sanitary sewer system in an area of the county that was primarily vacant. Today, those sewers (hereafter referred to as the Bloomfield Village...

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