Eyde Bros. Development Co. v. Eaton County Drain Commissioner

This case arises from the failure of Blue Cross and Blue Shield of Michigan and the Eyde Brothers Development Company to work out an agreement that Blue Cross should use and pay for the use of a connector sewer or drain 1 on Eyde’s property. Blue Cross claimed that the Eyde sewer was too small and too costly, and thereupon sought to construct a sewer under Mt. Hope Highway.

Eyde argues that Blue Cross’ efforts to construct the sewer within the Mt. Hope Highway easement were illegal for four reasons: First, Eyde contends that the highway easement extends only to surface transportation because…