Ann Obrecht Case Summary
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JUS110 Court Case Discussion (Oliver vs. United States)
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Lands, the use of which are so changed, shall not be sold to any person convicted under this section at less than fair cash market value. The chancellor's opinion, on strength of which the appealed decrees in these cases were entered, was filed April 8, 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 was conducted at Lansing July 30, The "Statement of Proceedings" of such hearing, submitted to us by supplemental appendix, shows that the present litigation was thoroughly reviewed, and that the director of the department of conservation did on the occasion 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. The effect of such injunction was to restrain dredging or construction by National Gypsum. At the same time National Gypsum was authorized to intervene as a defendant. 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 Company 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 general, 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 this second suit. He contended and now contends that the department of conservation has no right to convey, according to the act of , for 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 required 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 see 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 in , it will be found authoritatively that no part of the beds of the Great Lakes, belonging to Michigan and not coming within the purview of previous legislation such as the swamp land acts and the St.
Clair Flats leasing acts see State v. One exception exists where the State has, in due recorded form, determined that a given parcel of such submerged land may and should be conveyed "in the improvement of the interest thus held" referring to the public trust. The other is present where the State has, in similar form, determined that such disposition 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 through Mr. Justice Holmes, reasoned to its decree of affirmance as follows p :. It is fundamental, and we are of opinion that the private property of 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 US , 19 L ed , to 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 reason:. 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 to 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 warrant 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 the interests of the general public" in such submerged lands and as authorizing the sale, lease, 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 by 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 subtly 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 the State. Convinced that any such grant would open our 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 in 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 this 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 near 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 that 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 from 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 an 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 area 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 enjoyment of nearby cottage life and beach recreation?
Does the dock and the loading operation tend to destroy view and so affect, actionably, the value and enjoyment of plaintiffs' property? These and other questions of like relevance are serious. They deserve testimonial exploration on the basis of what is, rather than what the witnesses expected in early would be. So far, National Gypsum having proceeded to construct and operate a purpresture in an area theretofore devoted to detached private enjoyment of home and bay front, these plaintiffs have established a prima facie case of actionable nuisance. So, if it is shown on remand that the company's operations have destroyed in provable degree the comfortable, peaceful, and quiet occupation of any nearby home or cottage, the right of the plaintiff owner to monetary relief will be upheld by the successor chancellor.
They, these plaintiffs, were "there first. Mary continued to talk about how Denis was abusive and how he needed to pick on someone like her ex-husband who was abusive or the doctor who was abusive to her. Mary continued to bounce from one thing to another even speaking of ISIS and how she did not care if they died to today because of how they abused babies and women. But what was supposed to be couples counseling turned into individual counseling for me. She dropped words like narcissism, gaslighting and emotional abuse and even suggested he was never going to change. According to Healthy Place, emotional, i. But she has come combative lately and verbal abusive. Bill spoke at length about her behavior and the impact it has on him. Bill is offended when Pa makes disparaging remarks about him and calls him out of his name.
Bill reported that he believes Pa needs a medication review and a change in meds. Because the medication that supposed to help with her outbursts and combative behavior is not as effective anymore. He prefers to call SC if he really needs someone to talk with so says ok. Pa reported that the workers at the residence just took their statements of what happened. The SC asked Pa about his services. Pa stated that he is satisfied with his services and feels that it meets his current needs.
Bill confirms that Pa is receiving services as specified in the ISP in the following type, scope, amount, frequency and duration: Pa receives Agency Model PAS 2 hours x 7 days per week am - am via Aurora Home Care the personal care aide will provide assistance when needed and supervision with bathing, dressing, grooming, and light cleaning. Bill confirmed that there is no duplication of services. Waiver is the payer of last resort for services. Pa reported that his back-up plan is, the agency will send a replacement aide in the event of a no show this has not been. Show More. Memorial Hospice Reporting Case Study Words 2 Pages The manager subsequently revealed that Gloria 's family is aware of her attempts to leave the facility.
Read More. Personal Narrative: Couple Counseling Words 8 Pages But what was supposed to be couples counseling turned into individual counseling for me. Open Document.
