Battjes Builders v. Kent County Drain Commissioner

Plaintiffs appeal from a denial’ of injunctive relief to prohibit the construction of a proposed county drain in Kent County. Plaintiffs allege some eleven grounds of error which we find, in the main, to be repetitious and without merit. The allegations appear to resolve into two primary questions, namely:

Is the construction of Whiskey Creek Drain ho. 362 conducive to the public health, welfare and convenience as required by the Drain Code of 1956?

Have the required procedures been followed in establishing and constructing the Whiskey Creek Drain project?

Plaintiffs contend that the defendant,…