Kennedy v. Van Buren County Drain Commissioner
Michigan Supreme Court
Appeal from Van Burén; Des Voignes, J. Bill by Ellis Kennedy and others against George Mutchler, drain commissioner of Van Burén county, and others, for an injunction and other relief. From a decree dismissing the bill of complaint, complainants appeal.
1Opinion of the CourtBird, J.
The bill in this case was filed to restrain the drain commissioner of Van Burén county from acting favorably on a petition to clean out, deepen, widen, straighten, and extend School Section Lake drain. It is asserted that if the work contemplated under this petition were carried to completion it would lower the normal water level in School Section Lake two feet and ten inches. Complainants are owners of lands adjoining the lake, and therein lies the reason for their opposition to the proceedings.
The points raised against the proceedings by complainants question the jurisdiction of the drain…
2Cases cited5 opinions
- Dorr v. ClarkMichigan Supreme Court · 1859
- Andres v. ArnoldMichigan Supreme Court · 1889
- Dubois v. Riley Township BoardMichigan Supreme Court · 1901
- Tower v. WelkerMichigan Supreme Court · 1892
- Yale State Bank v. FletcherMichigan Supreme Court · 1913
3Cited by5 opinions
- Arnold v. EllisMichigan Court of Appeals · 1966
- Drainage Board v. Village of HomerMichigan Supreme Court · 1957
- In Re Establishment of Water LevelsSupreme Court of Vermont · 1952
- In Re Petition of Lenawee CountyMichigan Supreme Court · 1936
- Stewart v. Royal Oak Township ClerkMichigan Court of Appeals · 1969