Bennington Township v. Maple River Inter-County Drain Board

Plaintiff appeals from the trial court’s grant of summary judgment in favor of defendants pursuant to GCR 1963, 117.2(3), now MCR 2.116(0(10). Plaintiff appeals and we reverse.

Plaintiffs complaint alleges numerous violations of the Drain Code of 1956, MCL 280.1 et seq.; MSA 11.1001 et seq., in connection with a proposed drain project. In addition, plaintiff alleges that defendants abused their discretion in not taking any action in the 14 years since the project was approved other than spending Over $1,000,000. Ultimately, plaintiff seeks the abandonment of the entire drain project.

The Maple…