Bingham Farms v. Ferris

Plaintiff, the Village of Bingham Farms, appeals the trial court’s granting of summary judgment in favor of defendants pursuant to GCR 1963, 117.2(3).

The defendants own property in the village which has two structures on it, a large home and a cabin, both of which discharge sewage into a single septic tank system. Plaintiff’s action sought to enforce its ordinance which, under given circumstances, requires the connection of structures in which sanitary sewage originates to an available public sanitary sewer. Village of Bingham Farms Code, Title II, Chap 23, § 2.43.

1978 PA 368 authorizes such…