ELR Citation: ELR 20418
No(s). 52612 (Mich. Jul 7, 1971)

Plaintiffs, riparian land owners, and intervenor, the state of Michigan, are equitably estopped from obtaining injunction requiring defendant developer to terminate canal project and fill in canals already excavated despite trial court finding that additional traffic on lake would be "straw that broke the (ecological) camel's back." Here, large portion of canal project had been completed with approval of all local government agencies, knowledge of other riparian owners and at least tacit consent of Michigan Conservation Department before suit was brought. Statute later enacted by legislature affecting such projects has no relevancy to this situation. Defendant's dredging probably enjoinable as misuse of lakeshore property had issue been tried and framed properly.

Counsel for Plaintiffs:
Robert W. Richardson
740 Old Camp Road
Grand Rapids, MI
(646) 459-1171

Counsel for Intervenor:
Frank J. Kelley Attorney General
Jerome Maslowski Assistant Attorney
567 Holister Building
Lansing, MI
(517) 373-1110

Counsel for Defendant:
N.A. Cobb
279 West Michigan
Battle Creek, MI
(616) 964-3754

Before the entire bench per curiam.

Black, Swainson, T.M. Kavanagh, Adams, and Williams, JJ.