Toth v. Waterford Township

Plaintiffs appeal the circuit court’s denial of an injunction to restrain defendant Township of Waterford from proceeding with plans to connect a new storm drainage system to an existing underground storm drain running across plaintiffs’ property. They raise two issues:(1) Has defendant Oakland County Road Commission acquired a prescriptive easement in the existing drain?(2) Is the proposed addition to the existing drain permissible?

Plaintiffs are the owners of a lot bordered on the west by Watkins Lake and on the east by Covert Road. In the early 1940’s, the Oakland County Road Commission…