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Property owner cannot acquire plotted village street through acquiescence

The court held that the trial court properly granted summary disposition for the defendant-village on the plaintiffs-property owners' claim that they owned a strip of land between their property and defendant's. Defendant sought to create parking, a sidewalk, and a streetscape that would occupy a strip of property plaintiffs claimed was part of their land under a theory of acquiescence. On appeal, the court rejected plaintiffs' argument that MCL 247.190 does not apply to platted village streets or property acquiescence claims, holding that, "[b]ecause both dictionary definitions and the definition accepted by our Supreme Court before and after the Legislature enacted MCL 247.190 support a broad reading of the term 'highway,' the trial court did not err in broadly construing the term to include village streets." It also rejected their argument that any private claim of title to municipal property brought under a theory of acquiescence falls within the scope of Mason. "[D]efendant does not assert a defense under MCL 600.5821(2), which applies to municipal land generally, but rather under MCL 247.190, which only applies to public highways. Because the platted rights-of-way for Lake Street and Commercial Avenue properly fall within the definition of 'public highway' under MCL 247.190, Mason does not apply." Finally, it rejected their argument that the unimproved portions of platted rights-of-way are not "public highways" entitled to protection under MCL 247.190. It noted that defendant developed and maintained public roads in the platted rights-of-way for the streets and, as such, "the entire width of the platted right-of-way properly falls within the scope of 'public highway' under MCL 247.190." Affirmed.

Antenuptial agreement held to be valid and enforceable

The court held that the parties' antenuptial agreement was valid and enforceable, concluding that to invalidate it on the basis of one party's fault would contravene the agreement's clear and unambiguous language, and that as a matter of law, the...

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