Legal Opinion

Lewallen v. City of Niles

Michigan Court of Appeals

Decided October 3, 1978No. Docket 77-2531PublishedCited by 6 opinions

1Per curiam

Plaintiffs, three landowners in the City of Niles, brought this suit in October of 1975 to enjoin the defendants, City of Niles and Wolverine Sign Works, from discharging surface waters upon their land. A temporary injunction was denied and the case set for trial.

Before trial, plaintiffs and the city reached an agreement allowing the city to be dismissed as a defendant. The city agreed to divert the flow of certain storm sewers away from plaintiffs’ land.

The dispute continued between plaintiffs and Wolverine Sign Works. Wolverine owns land across a public street and higher than plaintiffs’…

2Cases cited2 opinions

  1. Bennett v. County of EatonMichigan Supreme Court · 1954
  2. Emerald Valley Land Development Co. v. DiefenthalerMichigan Court of Appeals · 1971

3Cited by6 opinions

  1. Wiggins v. City of BurtonMichigan Court of Appeals · 2011
  2. Kernen v. Homestead Development Co.Michigan Court of Appeals · 1999
  3. Schmidt v. EgerMichigan Court of Appeals · 1980
  4. M&D, INC v. McCONKEYMichigan Court of Appeals · 1998
  5. Boylan v. Fifty Eight Ltd. Liability Co.Michigan Court of Appeals · 2010

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