Drainage Board v. Village of Homer

This hill for declaratory relief sprouts from drain proceedings considered in In re Lamp-son-Run & McIlwain Drains, 332 Mich 553. Should the decree of the chancellor be affirmed, our act of affirmance becomes as mournful announcement that there will be no further trysting “down by the old millstream.”

The Homer Mill Pond, located in and adjacent to the defendant village of Homer, was created about a century ago by a dam constructed across the south branch of the Kalamazoo river, in the easterly part of the village, by the title predecessors of defendants Van Patten. The pond extends easterly…