State Ex Rel. MacMullan v. Harrington

This is an injunctive action brought by the State of Michigan to prevent a riparian owner on the navigable Kalamazoo River from constructing a landfill bulkhead. The trial court dismissed the complaint and plaintiff appeals.

In 1964, defendant applied to the Army Corps of Engineers, who have concurrent jurisdiction over the river with the State of Michigan, for a permit to construct a landfill bulkhead. The State Department of Conservation was notified of the application and received a copy of the specifications for the proposed bulkhead.

On August 26, 1965, defendant received a letter from the…