Anson v. Barry County Drain Commissioner

Plaintiffs appeal as of right from an order dismissing their complaint for mandamus and voiding a 1969 judgment. We reverse and remand.

On September 5, 1969, a judgment was entered pursuant to the Inland Lake Level Act, MCL 281.61 et seq.; MSA 11.300(1) et seq., establishing the normal level of Pine Lake at 890.5 feet above sea level, and ordering that the maximum level of the lake not exceed 891 feet and the minimum level not fall below 890 feet. The judgment stated that the normal level could be attained by the establishment of a well or wells.

In November 1992, plaintiffs, who are Pine Lake…