In re Lampson-Run McIlwain Drains

4 Citing cases

  1. In re Fitch Drain No. 129

    346 Mich. 81 (Mich. 1956)   Cited 7 times

    It is significant also that, since the adoption of the rules, cases of this type have been brought here for review under claim of appeal filed in accordance with the general practice provided thereby. In re Hurd-Marvin Drain, 331 Mich. 504; In re Lampson-Run McIlwain Drains, 332 Mich. 553. In neither of these cases was leave to appeal sought, and no question was raised either by counsel or by the Court as to the procedure followed.

  2. Comm. For Marshall-Not The Megasite v. City of Marshall

    No. 369603 (Mich. Ct. App. Jun. 18, 2024)

    , prevented the City from making a continuous publication in order to ensure the greatest possible notice to the public. See Petition of Boyd, 332 Mich. 553, 559; 52 N.W.2d 216 (1952) (rejecting a notice challenge premised on publication of the required one notice a week for two weeks on the ground that the notice appeared in two different newspapers because the statute did not require that each notice be published in the same paper). The Committee's argument invites this Court to read a penalty into the charter for beginning a continuous publication before the introduction of an ordinance.

  3. Porter Twp. v. Van Cass Intercounty Drain Drainage Bd.

    No. 358202 (Mich. Ct. App. Oct. 27, 2022)

    The Court has also held, however, that a drainage board acquires jurisdiction by the filing of a proper petition and that its jurisdiction is unaffected by any subsequent procedural error. In Petition of Boyd, 332 Mich. 553, 557; 52 N.W.2d 316 (1952), it was argued that the drainage board's failure to file proofs of service of certain meetings was a jurisdictional defect. The Supreme Court disagreed, explaining:

  4. Drainage Board v. Village of Homer

    87 N.W.2d 72 (Mich. 1957)   Cited 12 times
    Noting that “[i]t is in order, and in fact was the essential purpose of the declaratory judgment statute, that all parties having an apparent or possible interest in the subject matter be joined so that all be guided and concluded by such judgment or decree as may be entered”

    BLACK, J. This bill for declaratory relief sprouts from drain proceedings considered in In re Lampson-Run McIlwain Drains, 332 Mich. 553. Should the decree of the chancellor be affirmed, our act of affirmance becomes as mournful announcement that there will be no further trysting "down by the old millstream." The Homer Mill Pond, located in and adjacent to the defendant village of Homer, was created about a century ago by a dam constructed across the south branch of the Kalamazoo river, in the easterly part of the village, by the title predecessors of defendants Van Patten. The pond extends easterly from the dam and village, and into Homer township, an approximate distance of 1-1/2 miles. It lies longitudinally east and west, is much longer than wide, and follows nature's bed of the stream.