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HEITSCH v. OAKLAND COUNTY DRAIN COMR.

Docket No. 1, Calendar No. 46,343.

346 Mich. 381 (1956)

78 N.W.2d 105

HEITSCH v. OAKLAND COUNTY DRAIN COMMISSIONER.

Supreme Court of Michigan.

Decided September 4, 1956.

Attorney(s) appearing for the Case

Robert D. Heitsch, in propria persona, for plaintiffs.

Harry J. Merritt, Corporation Counsel, and Charles A. Davis, Assistant Corporation Counsel, for defendants drain commissioner and Oakland County.

Thomas M. Kavanagh, Attorney General, Edmund E. Shepherd, Solicitor General, and Nicholas V. Olds, Assistant Attorney General, for intervening defendant.

DETHMERS, C.J.

Plaintiffs are owners of land in Oakland county, along the Huron river, on which, for more than 100 years, a dam has existed which holds back the waters creating Oxbow lake on which they also own land abutting on and beneath its waters. Upstream some 2 miles above Oxbow lake is Pontiac lake, created by a dam installed in 1927 at a site between the 2 lakes.

In 1944, by order of the circuit court, the level of Pontiac lake was established in proceedings...

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