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ELBA TP. v. GRATIOT COUNTY DRAIN COM'R

Docket No. 144166. (Calendar No. 6).

831 N.W.2d 204 (2013)

493 Mich. 265

ELBA TOWNSHIP v. GRATIOT COUNTY DRAIN COMMISSIONER.

Supreme Court of Michigan.

April 9, 2013.

Attorney(s) appearing for the Case

Smith Bovill, P.C., Saginaw (by David B. Meyer and Elian E.H. Fichtner), for Elba Township, David L. Osborn, Mark Crumbaugh, Cloyd Cordray, and Rita Cordray.

Clark Hill PLC (by James E. Brenner, Detroit and Douglas R. Kelly, Birmingham) and Fahey Schultz Burzych Rhodes PLC, Okemos (by Stacy L. Hissong and Stephen J. Rhodes) for the Gratiot County Drain Commissioner.

The Hubbard Law Firm, P.C., Lansing (by Michael G. Woodworth, Andria M. Ditschman, and N. Banu Colak), for the Michigan Association of County Drain Commissioners.

Bauckham, Sparks, Lohrstorfer, Thall & Seeber, P.C., Kalamazoo (by John K. Lohrstorfer), for the Michigan Townships Association.

MARKMAN, J.

The issues presented here are (1) whether the lower courts properly exercised equitable jurisdiction with regard to this case and, if so, (2) whether the Drain Code requires 5 or 50 signatures for a drainage-district consolidation petition, and (3) whether the notice given regarding a drainage "board of determination" hearing satisfied the constitutional requirements of due process. We conclude that the lower courts improperly exercised equitable jurisdiction...

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