Quimbee logo
DMCA.com Protection Status
From our private database of 18,300+ case briefs...

Michigan Citizens for Water Conservation v. Nestle Waters North America, Inc.

Court of Appeals of Michigan
709 N.W.2d 174 (Mich. Ct. App. 2005)


 

Facts

Nestle Waters North America, Inc. (defendant), purchased groundwater rights to a property in Michigan, planning to build a water bottling plant. Nestle dug four wells on site and began pumping groundwater at a high rate, 400 gallons per minute. Michigan Citizens for Water Conservation (MCWC) (plaintiff), representing local riparian right holders, brought suit, claiming that the pumping unreasonably harmed the local residents’ riparian rights to the Dead Stream, including recreational uses such as boating, swimming, and fishing. MCWC presented evidence that the stream traditionally was used for recreational as opposed to commercial purposes. Further, MCWC presented evidence that even a small decrease in the water flow to the stream would have a substantial effect by decreasing water levels, thus harming the aesthetic value of the stream and the riparian owners’ ability to navigate the stream. Further, the decreased water level would raise the water temperature, thereby increasing plant life and decreasing available fish. The trial court found in favor of MCWC and issued an injunction. Nestle appealed.

Rule of Law

Issue

Holding and Reasoning (Smolenski, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 486,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 486,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 18,300 briefs, keyed to 985 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers


Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial