Cullum v. Topps-Stillman's, Inc.

This is an appeal from a judgment in the Wayne county circuit court which found that the presence and operation of an incinerator near a residential neighborhood was a private nuisance and ordered its abatement and removal. The court also allowed the plaintiffs $2,105.31 and costs.

Topps-Stillman’s, Inc., defendant-appellant, contends that the record of the proceedings in the lower court does not support this finding or, in the alternative, if the incinerator did constitute a nuisance that the remedy should have been regulation of it and not- its removal. Defendant-appellant, herein after…