1958 Circuit Court Order

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STATE OF MICHIGAN

IN THE CIRCUIT COURT FOR THE COUNTY OF IONIA

IN CHANCERY

IN THE MATTER OF THE PETITION OF THE
BOARD OF SUPERVISORS, FOR THE COUNTIES
OF IONIA AND BARRY, STATE OF MICHIGAN,
FOR THE DETERMINATION AND MAINTENANCE
OF THE WATER LEVEL IN JORDAN LAKE,
Lying in Odessa Township, Ionia County,
And in Woodland Township, Barry County,
Michigan

ORDER OF DETERMINATION
(Pursuant to Act 194, Public
Acts of 1939, as amended --
C.L. 1948 - Section 281.101
et seq -- M.S.A. 11.221 et seq)

At as session of said court held in the Circuit Courtroom at the

City of Ionia, Ionia County, Michigan, on the 11th day of March, 1958.

PRESENT: Honorable Morris K. Davis, Circuit Judge.

The petitions of the Boards of Supervisors for the Counties of

Ionia and Barry, State of Michigan, for the determination and mainten-

ance of the water level in Jordan Lake, a natural body of water located

in sections 33 and 34, town 5 north, range 7 west, Odessa Township,

Ionia County, Michigan, and sections 3, 4, and 5, town 4 north, range

7 west, Woodland Township. Barry County, Michigan, having come on to

be heard, and said cause having been heard in open court, and the

Court having considered the testimony taken in open court on the part

of petitioners as well as the testimony of others interested in said

matter; and it appearing to the Court that notice of hearing, as deter-

mined by an order for publication heretofore entered by this Court, was

published as therein directed, and proof of publication having been

filed; and it appearing that copies thereof were served upon the

Conservation Department of the State of Michigan, and upon all of the

owners of record of land abutting or touching on the said lake, by

certified mail, return receipts requested, as appears from proof of

publication herein mentioned; and all of the parties interested having

been afforded an opportunity to be heard;

And it appearing from the testimony an evidence that the estab-

lishment and maintenance of a normal water level for the said Jordan

Lake is necessary to the protection of the public health, welfare,

and safety, and to the preservation of the natural resources of the

State, and to the preservation and protection of the values of

property developed around said lake;

And it appearing to the Court that the normal height and level

of the said Jordan Lake is and should be established at 811.0 feet

above mean sea level datum during the period extending from May 15

through October 31, and that the normal height and level of the said

Jordan Lake is and should be established at 810.0 feet above mean

sea level datum during the period extending from November 1 through

May 14;

NOW, THEREFORE, On motion of J. Franklin Huntley, Prosecuting

Attorney for Barry County, and Ronald VanBuren, Prosecuting Attorney

for Ionia County, and the attorneys for petitioners, IT IS ORDERED,

DETERMINED, and ADJUDGED that the normal height and level of the said

Jordan Lake, located as aforesaid, shall be and is hereby established

at 811.0 feet above mean sea level datum for that period extending

from May 15 through October 31, and at 810.0 feet above mean sea

level datum for that period extending from November 1 through

May 14; effective immediately and until further order of the Court;

AND IT IS FURTHER ORDERED, DETERMINED, and ADJUDGED that the

Boards of Supervisors of the said Counties of Ionia and Barry, or

such other body as shall be appropriate under the statutes of the

State of Michigan, shall be and are hereby authorized to erect,

construct, or maintain such dams or embankments, or to employ such

additional procedures as may be necessary for the maintenance of

the normal height and level of the said Jordan Lake, located as

aforesaid.

Morris K. Davis
Circuit Judge

Approved as to form and content:

by Attorney General, State of Michigan

by Frederic S. Abood
Assistant Attorney General

J. Franklin Huntley, Prosecuting Attorney
Barry County, Michigan

Ronald VanBuren, Prosecuting Attorney
Ionia County, Michigan

Richard M. Schuster
Attorney for Interveners

Flint O. Watt
Attorney for Interveners

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