ELR Citation: ELR 20081
No(s). 53632 (Mich. Oct 31, 1972)

County Road Commissioners are ordered to remove road fill from a pond situated between lands of plaintiff and adjacent landowner and to restore the three-to-four-acre inland pond to its preexisting freshwater condition. Notwithstanding the fact that the road fill traverses only a part of the pond surrounded by property of the adjacent landowner who does not object to the fill, the resulting stagnation of the pond and the impairment of plaintiff's use of a portion of the pond constitute an actionable interference. The riparian rights of a landowner whose property abuts a navigable body of water include the right to use the whole surface of the water, as long as his use does not interfere with use by other riparian owners. The court permanently enjoins further interference and remands for assessment of damages.

Counsel for Plaintiffs
Seberon Litzenberger
300 Park Avenue
Petoskey, MI 49770

Counsel for Defendants
Guy C. Conkle, Jr.
110 Water Street
Boyne City, MI 49712

BEFORE THE ENTIRE BENCH