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Pigorsh v. Fahner

Citation: 2 ELR 20279
No. No. 52822, 194 N.W.2d 243/3 ERC 1912/386 Mich. 508, (Mich., 02/25/1972)

Inland lakes in Michigan over ten acres in size are impressed with a public trust which prevents a private owner of the lake from polluting or destroying it. A mandatory injunction will issue to compel an owner of such a lake to remove a partial fill which he placed in the lake to deny trespassers from a nearby private highway access to the lake. Notwithstanding the public trust, however, a private owner of all the subaqueous land, the water and the uplands surrounding a lake may exclude the public from lake access if there is neither a navigable inlet or outlet on the lake.

Counsel for Plaintiffs
William A. Harper
229 S. Warren Ave.
Big Rapids, Michigan 49307

Counsel for Defendants
Frank H. Ryman
Big Rapids, Michigan 49307

Richard M. Van Orden
Association of Commerce Building
Grand Rapids, Michigan 49502

Counsel for Conservation Department of Michigan, Intervenor
Frank Kelley Attorney General
State Capitol
Lansing, Michigan 48933

BEFORE THE ENTIRE BENCH