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ONEIDA TWP. v. EATON CTY. DRAIN COMM'R.

Docket No. 132895.

198 Mich. App. 523 (1993)

499 N.W.2d 390

ONEIDA TOWNSHIP v. EATON COUNTY DRAIN COMMISSIONER

Michigan Court of Appeals.

Decided March 2, 1993, at 9:05 A.M.

Attorney(s) appearing for the Case

Glassen Rhead McLean Campbell & Bergamini (by Neil A. McLean), for the Charter Township of Oneida.

Smith Brothers Law Office, P.C. (by Gregory W. Smith), for the City of Grand Ledge.

Willingham & Cote, P.C. (by John A. Yeager), for Robert Soltow.

Thrun, Maatsch & Nordberg, P.C. (by Gordon W. Van Wieren, Jr.), for the defendant.

Amicus Curiae:

Hubbard, Fox, Thomas, White & Bengtson, P.C. (by Geoffrey H. Seidlein), for the Michigan Association of County Drain Commissioners.

Before: HOOD, P.J., and WAHLS and McDONALD, JJ.

PER CURIAM.

Defendant, the Eaton County Drain Commissioner, appeals as of right an order of the Eaton Circuit Court that granted summary disposition to the plaintiff township and intervening plaintiffs, persons owning property within a drainage district potentially subject to a special assessment, pursuant to MCR 2.116(C)(8). We reverse and remand for further proceedings.

Few material facts are disputed on appeal. In early 1986, officials of Oneida Township...

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