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BLACK MARSH DRAINAGE DIST. v. ROWE

Docket No. 100, Calendar No. 47,589.

350 Mich. 470 (1957)

87 N.W.2d 65

BLACK MARSH DRAINAGE DISTRICT v. ROWE.

Supreme Court of Michigan.

Decided December 24, 1957.

Attorney(s) appearing for the Case

Berry, Stevens & Moorman (Claude H. Stevens, of counsel), for plaintiffs Drainage District and Drainage Board.

Julius L. Berns, City Attorney, for plaintiff City of Grosse Pointe Woods.

Samuel S. Platt, City Attorney, for plaintiff City of Harper Woods.

Joel K. Underwood, for individual defendants.

Thomas M. Kavanagh, Attorney General, Joseph A. Sullivan, Deputy Attorney General, Samuel J. Torina, Solicitor General, and Samuel D. Frane, Assistant Attorney General, for defendant State Highway Commissioner.

Samuel H. Olsen, Prosecuting Attorney, and Hobart Taylor, Jr., and David E. Flayer, Assistant Prosecuting Attorneys, for defendant County of Wayne.

Clark, Klein, Brucker & Waples, for defendant Michigan Sewer Construction Company.

SHARPE, J.

Plaintiffs filed a bill in the circuit court of Wayne county for a declaratory decree* in which the following questions are involved:

"1. Is the Black Marsh drain project necessary for the public health?

"2. Do the provisions of chapter 20 of the drain code of 1956 contravene the provisions of section 25 of article 8 and section 12 of article 10 of the Michigan Constitution (1908) in that they require each city...

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