Miller Foundation v. Big Marsh Intercounty Drain Drainage Board, No. 306272, 2013 Mich. App. LEXIS 576 (Mich. Ct. App. Mar. 26, 2013)

(case involves dispute under state (MI) drainage law that authorizes county road commission to petition county drain commission to lay out and designate drainage district, locate and establish drain, clean out, widen, deepen, straighten or extend established drain if it is necessary for construction or maintenance of highway to take surplus water across adjacent lands; petition filed on behalf of county road commission in accordance with statute with county drain commission; trial court invalidated petition on basis that county road commission not property petitioner because most road within proposed project not under commission's jurisdiction and party actually filing petition on behalf of county not authorized; plaintiff's request for injunctive and declaratory relief granted; trial court's ruling affirmed on appeal).

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