Glen Lake-Crystal River Watershed Riparians v. Glen Lake Association
Michigan Court of Appeals
264 Mich. App. 523, 695 N.W.2d 508 (2004)
- Written by Oni Harton, JD
Facts
In 1945, following litigation, the trial court entered an order setting the natural height and level of Glen Lake. Water flows from Glen Lake, over a dam, into the Crystal River, before discharging into Lake Michigan. An increase in the dam’s height causes an increase in the height of Glen Lake but a decrease in the instream flow for the Crystal River. In 2000, the Glen Lake Association (GLA) (defendant) contracted to build a new dam that would allow for increased precision in the control of the lake level. In response, a group of Crystal Lake riparian property owners and a canoe livery on the Crystal River (Crystal River Riparians) (plaintiffs) filed suit to establish a new lower lake level, which would raise the height of the Crystal River. The GLA alleged that maintaining the court-ordered lake level established in 1945 caused environmental damage to the Crystal River. The trial court entered a modified lake level order adopting the Crystal River Riparians’ regulation algorithms and management plan. The GLA appealed the trial court’s order.
Rule of Law
Issue
Holding and Reasoning (Bandstra, J.)
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