Stidham v. Algonquin Lake Community Ass'n

Plaintiff appeals as of right from an order of summary judgment entered for defendant.

Defendant is a nonprofit corporation consisting of residents of Algonquin Lake. The level of the water of the lake is controlled by a dam operated by defendant. In 1978, 1979, and 1980, defendant obtained permits from the Michigan Department of Natural Resources (DNR) for the purpose of lowering the lake. No permit was issued in 1982, but defendant opend the dam to lower the lake on or about November 30, 1982.

Plaintiff runs a gravel business located approximately one-fourth of a mile from Algonquin Lake. He…