Zerfas v. Eaton County Drain Commissioner

Plaintiffs by their bill of complaint seek to have defendant Jay Bills, Eaton County drain commissioner, “perpetually” enjoined from erecting a dam at the outlet of Narrow lake, a public inland lake, located in Brookfield township, Eaton county. Plaintiffs in their bill of complaint base their right to relief upon the contention that PA 1939, No 194, is unconstitutional. CL 1948, § 281.101 et seq. (Stat Ann 1947 Cum Supp § 11.221 et seq.). Defendant moved for dismissal of the bill of complaint on grounds among which is the following:

“That all issues set forth in said bill of complaint and…