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BARAK v. OAKLAND DRAIN COM'R

Docket No. 215044.

633 N.W.2d 489 (2001)

246 Mich. App. 591

Pauline BARAK, Samuel M. Abramson, M.D., Stanley Engelhardt, D.O., Judith Fox, Gorton M. Greene, Leon Hardiman, Violet Lehoczky, Ernest Lehoczky, Peter Najar, Susan Najar, Basil E. Nona, Guy S. Nusholtz, Patricia Kaiker Nusholtz, Loraine Pollins, Albert Pollins, Carl S. Senko, Kathy Kay Siefman, Lee Robert Silverman, M.D., Lawrence Usher, Joan Hardiman, John Hale, and Sylvia Hale, Plaintiffs-Appellants, v. DRAIN COMMISSIONER FOR THE COUNTY OF OAKLAND, The Drainage Board for the Taub Drain, and the Taub Drain, Defendants-Appellees.

Court of Appeals of Michigan.

Decided July 3, 2001.

Attorney(s) appearing for the Case

Alan J. Barak, Harrisburg, PA, for the plaintiffs.

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

Before HOEKSTRA, P.J., and WHITBECK and METER, JJ.

PER CURIAM.

Plaintiffs are residential property owners in the Franklin Oaks subdivision (Franklin Oaks), through which two arms of the Franklin Branch of the Rouge River meander. Franklin Oaks is located on the southeast corner of West Bloomfield Township (the township) in Oakland County. In June 1998, plaintiffs filed a complaint and petition for administrative review pursuant to the Drain Code of 1956, M.C.L. § 280.1 et seq., challenging the defendants...

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