Washtenaw County v. Saline River Intercounty Drainage Board

This is an appeal by defendants from an order of the trial court granting, sua sponte, a summary judgment for plaintiffs, enjoining defendants from establishing the Saline River as an intercounty drain. Although the judgment of the trial court rests upon a procedural peculiarity, we need not address that aspect of the case. The gravamen of the controversy is the interpretation of pertinent sections of the Drain Code of 1956. MCLA 280.1, et seq.; MSA 11.1001, et seq.

A petition to the Director of the Department of Agriculture of the State of Michigan was submitted by the Townships of Milan,…