Grubb Creek Action Committee v. Shiawassee County Drain Commissioner

Defendants appeal as of right from a declaratory judgment of the Shiawassee Circuit Court that effectuated a prior order that limited to the spot cleaning of a drain the scope of the order of necessity issued by a board of determination under the Drain Code of 1956, MCL 280.1 et seq.; MSA 11.1001 et seq. We reverse.

In December 1989, five freeholders filed a petition with the Shiawassee Drain Commission to clean out, relocate, widen, deepen, straighten, tile or extend the Grubb and Extension Drain. In accordance with the provisions of the Drain Code, a board of determination was appointed by…