HomeMy WebLinkAboutResolutions - 1963.09.09 - 20134#4198
By Mr. Le ns n
,
UilkEk
.iALELUS AS
itskt SUN tt4 ILVL
/arious
:7;11
)0.00 ;ht stueies to establ the
SC83$
tr
atc 0 level prc
ested the
Board to ellish the
on;
policy that there public. -44e1
ings Imo; hp ;n(t', m4
many
SurArv4,(Lv ' watdirq
le' ab
ani
A erivOlnch
As, Greens,
hips
eoi.ablisb
A.ed ,kakes
%- BE i"7-' Sa,;:
1. Thi Mf,,3 Board,
presekN.t.
0110WS:
)1"otection of public
.f
September
BY.
TuvoJ4D CO'
'421, Lad--s & Gentleir-t
KNPVIIOV —160741AiWu No, .7,860, dated
•y ttn pprioeedinv uld
Mt- tere8te0 hele-• and
WHEREAS. Miscel-leu , !esolution No. 3860 further established the
wMRLI
Drain Coll
dictate t
and Near ,'
the opry
lvel proceeoln
lotion ence of the
re and necess:
'stated by resolut
# A
o the prol. of Act 146 of tAv-
tic-. properties in eaCi,1 areas of improvement.
#4198
01
Pt
Ci
efit an
4.
District
5. That t
borne by the b
the Drain commissio
area of improvement as prescribed in said Act 146;
he cost nf maintaining the levelP of said lakes unall be
perties .ach of the areas „-,r the improvet will
11 Dear the entire cost of the project;
ablisn a Special Assessment
CRAIRMX., ,A1 -f the Wayl, an4 Yowls Committea l and with
_irrence of the Drain :.mittee, I Aove Vle adoption the
vsolutivuo
Moved by Levinson supported by Seeterlin the resolution be adopted.
A sufficient majority having voted therefor, the resolution was adopted.
Atteneiee!
Gentlemen:
eee r
'ert ,aid in the case of: In re Petition of Lenawee
6 nichtgan, 591:
The Micl-c
County
(eieUNriel CORPORATION COUNSEL
OAKLAND COUNTY COURT HOUSE
1200 NORTH TELEGRAPH ROAD
PONTIAC. MICHIGAN
338-4751
ROBERT P. ALLEN
CORPORATION COUNSEL.
HAYWARD WHIT-LOCI
ASSISTANT
ALICE TREADWELL
SECRETARY
September 9, 1963
Chairman
ee ,e-eme6 ef
It 'le the
a
is L1 4.1
a
von off, I C
falling of '
Quilty•
,
is office as to the County's
leee level as set by the Court.
ef ilAu office that once the Court has established
thi:n its ngent, the County Drain Commissioner,
Oinary .!Fls to maintain that level. If, how-
ere U)eee was no precipitation, normal spring c ounty would be held liable for the
the lake.
"1W9
vvry
witn
to
inteo
floc.
CertaU
laws
it ova
op
might
eeee e ee4eeeeir. realized that the existence of the
eie eeleh eeee named by appollant s e expert
evaporation and seepage, at
ovo. 11 ,0‘t and level of our inland lakes
illy eeers of drought or summers of
a to preeecve these lakes at a constant and
e sueh eeueltions, it enacted the law under
lid not if it would, control such
)n, evaporition or seepage. But
net the unseasonable or excessive
ek Mee, and so provide that inland lakes
jeed in theie normal state.".
ee rreeti
If, however, there was adeq oete rain and spring run offs and the County
failed to eeereise ordinary eeee in attempting to maintain the level
then the -peeeTIAlity of liability for damages would exist against the
County.
A further 'ct :1 !ole is raieed as to the possibility of daeages due to a
lower h.muci.r by flooding such gewner.
Agaie, if the dam was maintained with ordinary care there would be no
liability ellen the County for flooding if caused by torrential rains
As to question 2:
If ttyl.
tbru
tLf g.2.1.4:43
f o . „
np: spr
Robert P. Al
Very truly years :,
A @..‹, t„, A D CJN 1 ATION.COUNPEEL
-
:• -2-
~5:43
If trcl
attPF
of iqtAvre.
maintzliP, a 1
be "ft !A as an act of God. The Michigan
1111 I o. v. City of Rockford t 311 Michigan
to be as follows:
1 out during spring floods cannot
7earn unless he shows the latter
aused damage by suddenly releasing
dam whose owner is not responsible
r -y- flood conditions or created by him
T no greater than if the upper dam had
r lf this office that as to quvstion 1:
care and uses reasonable iethods in
Afid the level should fall due to causes
TAlity upon the County for failure to
7 jj-ou ,kr condition and tae flow of water
- 7 eh olt-dinary care there would be no liability.
: ioper lands in the event that such
JaIure such as torrential rains or an-
Qffs.
RFA:AT,