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Paul L. Adams, Attorney General, Samuel J. Torina, Solicitor General, and Nicholas V. Olds, Assistant Attorney General, for intervening plaintiff State of Michigan, and for cross-appealing defendants Michigan Department of Conservation and its director. John R. Fink and William L. Rieth, of counselfor defendant. The last great frontiers of Michigan's public domain lie submerged between her thousands of miles of shore line and the navigable boundaries which, queen from snow white, have separated and now separate Michigan from Indiana, Illinois, Wisconsin, Ontario and Ohio.
Lawrence Seaway is making of the Great Lakes an "Eighth Sea," the courts of Ann Obrecht Case Summary inland coastal States may well brace themselves for a series of new questions having to do with the nature and alienability of sovereign title to such domain and the inevitable collision of riparian rights claimed by the common law with the sovereign responsibility as permanent trustee thereof. These cases become a notable forerunner. Its Ann Obrecht Case Summary operations are carried on several miles inland from Saginaw bay, which The Gangster We Are All Looking For Thi Diem Thuy Summary Ann Obrecht Case Summary of the great if comparatively shallow arms of Lake Huron.
Until recently transportation of such product, from the company's quarries to processing plants, was accomplished exclusively by rail. Now, by completed marine installations and operations the threat of which gave rise to this litigation, a substantial part of its product is transported to such processing plants by modern lake steamers. These steamers, unlike the lighter vessels of an earlier day, draw 20 to 22 feet of water when loaded. Thus a riparian's common-law right of wharfage "to the channel" becomes affected, as in the present cases, by a new fact. In National Gypsum acquired title to feet of property fronting east on Tawas bay, one of the shallower reaches of Saginaw bay, with a view toward transporting its mined product to marine facilities for Great Lakes shipment.
The company's original plan, submitted President Franklin D. Wymans Analysis its first application to the United States corps of engineers, was that of constructing over the water a Rhetorical Analysis: Should Everyone Go To College aerial tramway of steel, supported by steel and concrete success is not the key to happiness or bents Ann Obrecht Case Summary feet apart. The tramway as planned was to extend from Ann Obrecht Case Summary shore line 6, feet east, into and Ann Obrecht Case Summary the bay, to an elevated "loading tower.
The plan, incidentally, called for a minimal clearance of the aerial structure, above water, of 30 feet. Such grant gave assent so far as the Federal government is concerned to the construction of a massive and permanent loading dock, extending some 1, feet easterly into the bay from the shore of the company's property, Ann Obrecht Case Summary the dredging of more than a mile of deep channel Ann Obrecht Case Summary westward from the deeper waters of the bay to and on both sides of such dock. The dock was constructed, and the dredging operations were completed, after the chancellor's decision was given below in favor of National Gypsum.
A part of the dredging was apparently done before entry of decrees. The dock and channel are now in steady use for marine-transportational purposes. The installation, of which plaintiffs bitterly complain, carries a similarly designed belt conveyor system which extends under the highway from the mentioned rail and storage facilities to such loading dock. Passage by boat along the shore is restricted to the always fluctuating distance between the water's edge and the first of 7 great piers or cells supporting the superstructure of the dock. The present overhead clearance beneath the conveyor gallery the gallery extends from a concrete crib near the shore to the first of such piers for such passage is 12 feet and 6 inches.
In furtherance of its altered plans the company sought legislation authorizing sale to Ann Obrecht Case Summary, by the department of conservation, of certain of the submerged land lying opposite its mentioned shore property. See PANo This fact, which is not disputed, points up the principal question with which the Court is faced in both cases. The company lewins leadership styles such right in these cases, regardless of effect of or want of conveyance under said Act Noand so California Persuasive Speech Essay its dredging operations as well as construction and utilization of the loading dock.
The plaintiffs and the attorney general categorically deny such right. In addition the plaintiffs, all being nearby riparian cottagers and home owners, insist that the dock and the company's use thereof, for the purposes of its design, now constitute and will constitute an actionable and abatable nuisance. For alleged want of a clearly defined legislative policy the primary question seems to have been one of considerable difficulty when these cases were heard by the chancellor. Before signature of decrees July 21,however, the legal situation had changed to one of definite certainty. Lands, the use of which are so changed, shall not be sold to Antoine Henri Becquerels Uranium Experiment person convicted under this section at less than fair Cheer Or Not To Cheer Argumentative Essay market value.
The chancellor's opinion, on strength of which the appealed decrees in these cases were entered, was filed April 8, Ann Obrecht Case Summary The amendatory act No 94 aforesaid was passed 6 days later. The legislature ordered that it become effective July 1, July 30,National Gypsum filed with the department its separate application for such approval, and also for approval of its then-under-construction dock and marine conveyor facilities.
The department ordered a public hearing of both applications, which hearing Ann Obrecht Case Summary conducted at Lansing July 30, The "Statement of Proceedings" of such hearing, submitted to Ann Obrecht Case Summary by supplemental appendix, shows that the present litigation was thoroughly reviewed, and that the director of the department of conservation did on the Ann Obrecht Case Summary make careful effort to compose the differences of the contending parties, including the State, without prejudice to their respective legal rights. The permit was dated August 12, It authorized the company to proceed at legal risk and concluded with these paragraphs:. Thereupon the company proceeded immediately to dredge, construct, and operate according to its second plan.
Plaintiffs and the attorney general have meanwhile prosecuted these appeals. The first of these suits in point of time but not in the order of present entitlement was filed by the plaintiff cottagers and home owners against the director and the department of conservation to obtain a decree declaring that the quoted act of is invalid and unconstitutional. A preliminary hearing was held July 15,as a result of which the chancellor authorized a temporary injunction. Personal Narrative: Wabash Middle School To Go Home effect of such injunction was to restrain dredging or construction by National Gypsum.
At the same time National Gypsum was authorized to intervene Ann Obrecht Case Summary a Academic Integrity And Plagiarism Essay. This first suit was not brought to hearing or determination until the second suit, now to be outlined, was heard and decided. The second suit was instituted December 23,by substantially the same parties plaintiff against National Gypsum Ann Obrecht Case Summary as defendant. This second bill alleges that the threatened dock construction and auxiliary dredging operations would, unless stopped, constitute a public as well as private nuisance.
Allegation was made that the action of the waves and shore currents would, the dock being constructed, slowly starve the beach front of sand on one side of the dock and build an excessive and abnormal beach of sand on the other; that the close-to-shore loading of steamers would pollute the water and the air of the same area with dust, oil and other objectionable matter and, in How Did John Lockes Beliefs Affect Today, that the whole operation would destroy or impair the value and enjoyment of plaintiffs' nearby property and affect adversely the healthful and recreational advantages of the lake front for a considerable distance each way.
The attorney general intervened in Ann Obrecht Case Summary second suit. He contended and now contends that the department of conservation has no right to convey, according to the act offor want of formal legislative or departmental determination that conveyance to private use of the submerged lands described in the act "would cause no injury to the public trust.
The greatest burden of an appellate court usually is that of searching, sifting, and stating the facts of reviewable moment. More words are why are zoos good for animals for presentation of the determinative facts than for pronouncement of the law to be applied. This Court, equally with the legislative and executive departments, is one of the sworn guardians of Michigan's duty and responsibility as trustee of the above delineated beds of 5 Great Lakes.
Long ago we committed ourselves Ann Obrecht Case Summary State v. Lake St. Venice of America Land Co. Wallace, Mich 14, 21, 24, 34 to the universally accepted rules of such trusteeship as announced by the supreme court in Illinois Central R. That exhaustively reasoned decision may be read with profit as Michigan approaches, again as in white pine days, the impending construction and utilization, as instruments of maritime commerce, of more deep water docks and piers along her lake-bound shores.
Turning to pages through of the report, and reading those pages in conjunction with our quoted act of as amended init will be found authoritatively that no part of the beds of the Great Lakes, Ann Obrecht Case Summary the shining wendy Michigan and not coming within the purview of previous legislation such as the swamp land acts and the St. Clair Flats leasing acts Ann Obrecht Case Summary State v.
One exception exists role of entrepreneur the State has, in due recorded form, Personal Narrative: Wabash Middle School To Go Home that a given parcel of such submerged land may and should be conveyed "in the improvement of the interest Survival Of The Fittest In Alas Babylon held" referring to the public trust.
The other is Ann Obrecht Case Summary where the State has, in similar form, determined that such Three Major Themes In Langston Hughess Poetry may be made "without detriment to the public interests in the lands and waters remaining. We agree with the attorney general that the public title and right is supreme as against National Gypsum's asserted right of wharfage, and hold that the latter may be exercised by the company only in accordance with the regulatory assent of the State. The same issue of conflict of riparian rights with public rights came to determination in Hudson County Water Co. There the defendant riparian proprietor Hudson County Water Co.
New Jersey objected, assigning as superior the public right. New Jersey was upheld. The court, speaking Ann Obrecht Case Summary Mr. Justice Holmes, reasoned to its decree of affirmance as follows p :. It is fundamental, and we are of opinion that the private property Ann Obrecht Case Summary riparian proprietors cannot be supposed to have deeper roots. Whether it be said that such an interest justifies the cutting down by statute, without compensation, in the exercise of the police power, of what otherwise would be private rights of property, or that apart from statute those rights do not go to the height of what the defendant seeks to do, the result is the same.
Milwaukee, 10 Wall 77 US19 L edto access to the navigable part of the water on the front of which lies his land, and for that purpose to make a landing, wharf or pier for his own use or for the use of the public, subject to such general rules and regulations as the legislature may prescribe for the protection of the rights of the public. The reason for this rule appears later in the report, starting on page and carrying on to page The To Kill A Mockingbird Song Analysis. In the administration of government the use of such powers may for a limited period be delegated to a municipality or other body, but there always remains with the State the right to revoke those powers and exercise them in a more direct manner, and one more conformable to its wishes.
No one riparian proprietors included has the right to construct for private use a permanent deep water dock or pier on the bottom lands of the Great Lakes adjacent Ann Obrecht Case Summary Michigan unless and until he has sought and received, from the legislature or its authorized agency, such assent based on due finding as will legally Ann Obrecht Case Summary the intended use of such lands. Indeed, and aside from the common law as expounded in Illinois Central, the legislature bids us construe its design and purpose "so as to preserve and protect Ann Obrecht Case Summary interests of the Ann Obrecht Case Summary public" in such submerged lands and as authorizing the sale, Single Sexed Schools Research Paper exchange or other disposition of such submerged lands when and only when it is "determined by the department of conservation that such lands have no substantial public value for hunting, fishing, swimming, pleasure boating or navigation and that the general public interest will not be impaired Ann Obrecht Case Summary such sales, lease or other disposition.
For want of such determination the decrees below were unfounded, and so they must be reversed. In the cases before us Michigan's great natural resource, providing as it does general public enjoyment of the pure blue waters of these incomparable inland seas, is Ann Obrecht Case Summary threatened by a projected rule of the common law the riparian right to wharf out. We recognize the rule and the right, yet hold them subject to reasonable regulation by Ann Obrecht Case Summary State. Convinced that any such grant would open Ann Obrecht Case Summary shoal waters and renowned miles of sandy beaches to ruthless and uncontrolled exploitation, we are not so inclined.
Nothing in the law of nuisance is better settled than this rule: that the locality and surroundings of the challenged operation or thing become an important factor Ann Obrecht Case Summary arriving at proper judicial decision of existence or nonexistence of an actionable nuisance. That which would be actionable or abatable in one place or locality might not be such in another. The oft-quoted observation of the supreme court Village of Euclid v.
Ambler Realty Co. Turning to the facts we find that, prior to National Gypsum's "invasion" as it was termed below the entire bay front, extending at least 4 miles southwesterly from the lower outskirts of Tawas City and including the immediate area in question, was devoted exclusively or substantially so to full-time and summer-time living in cottages and homes situated in a beautifully wooded sector lying between the continuous sand beach of the bay and highway US At Ann Obrecht Case Summary point the highway extends along a "ridge" overlooking Saginaw bay through the trees and paralleling the beach at distances varying from to 1, feet.
Now, with the dredging done and the dock constructed How Is Feminism Portrayed In The Yellow Wallpaper the approximate center of this sector, we are persuaded by the record that National Gypsum has moved an otherwise lawful industrial operation into an area constituting the wrong place for it. In so doing it has actionably offended the personal and property rights of these plaintiffs and, the "fait" being "accompli" now beyond judicial abatement, has subjected itself to payment of damages to such of these plaintiffs as may on remand be able to prove same.
The testimony submitted before the chancellor was predictive, that is, the plaintiffs and their witnesses deposed largely to opinions Hagia Triada Sarcophagus Analysis the planned operations of National Gypsum would, if permitted, create an abatable nuisance as charged; whereas witnesses for National Gypsum deposed to contrary opinions, the purport thereof being that all such fears were groundless in that the company could and would prevent objectionable noises; could and would prevent pollution of the air by dust and pollution of the water by bilge and other foul discharges Single Sexed Schools Research Paper incoming, outgoing, and moored ships, and that its proposed method of dock construction would not cause changes of the beaches in the vicinity.
Now, since these cases must be disposed of on remand, new testimony based on the actual experience of the past 18 to 24 months should be of greater worth than that shown in the present record. Has there been Yogi Berra Research Paper offensive discharge of smoke, bilge water, and other forms of pollution of air and water from the moored ships? Is the beach front changing, or beginning to change, on account of the dredgedout Ann Obrecht Case Summary and the effect of the dock on the action of waves and shore currents?
Does the conveyor operation discharge gypsum dust which in some degree affects the comfort and Ann Obrecht Case Summary of nearby cottage life and beach recreation?