Frank Van Wulfen v. County of Montmorency

ROGERS, Circuit Judge.

This claim arose in response to state court proceedings in Montmorency County setting the lake level for Avery Lake, pursuant to Mich. Comp. Laws §§ 324.30701-.30721, at 890.3 feet above sea level during the winter months and 891.3 feet during the summer months. In setting that lake level, the state court received expert testimony in regard to damage to certain lakefront property owned by the Van Wulfen family, who wanted the lake level to be set at 888.8 feet during the winter months. Finding that the lake level had not caused the damage sustained by the Van Wulfen…