Plaintiff obtained a survey to get a permit to install a fence. Plaintiff’s survey showed that the chain link fence and post encroached on plaintiff’s recorded property line.
Defendant continued to advertise and lease its property for short-term rental. Because plaintiff concluded that defendant used its lot and the home thereon for business purposes, specifically as a rental property, plaintiff filed suit.
Respondent argues that he was entitled to an in-person, rather than remote, personal examination.
Although the neighboring landowners testified that they also made similar recreational use of the land west of Creek, the trial court concluded that the B owners use had been more significant and continuous for a longer period.
Plaintiff filed an eminent-domain complaint requesting the condemnation of certain real property owned by Defendant. Plaintiff sought easements across the land for the purpose of rebuilding and upgrading an existing transmission line. On the basis...
BACKGROUND
The instant dispute arises out of an express easement that was created by a 1989 consent judgment, which settled litigation between the parties’ predecessors in interest. After the parties’ mistake concerning the boundaries...
BACKGROUND
This case arises out of a dispute between plaintiff and defendants regarding ownership of real property in Hamtramck, Michigan. Plaintiff brought this action, asserting claims of quiet title, breach of contract and promissory estoppel,...
Plaintiffs/counterdefendants (plaintiffs), and third-party defendants were neighbors from approximately 1996 until 2015. Plaintiffs and the third-party defendants never had any disputes regarding the boundary line between their...
In 1987, plaintiff borrowed $20,000 from defendant’s predecessor in interest. Plaintiff secured the debt with a mortgage on plaintiff’s land. In 1994, the parties signed an extension of the mortgage agreement, and in 1999,...
Defendant’s legal position is that the option to buy expired at midnight on April 22, 2017, and the lack of any tender of payment by that time means the option expired and plaintiff forfeited all rights to the property.
Plaintiff and defendants agree that there was no writing in this case. Thus, the agreement’s terms determine whether it falls within the statute of frauds.
An easement by prescription results from use of another’s property that is open, notorious, adverse, and continuous for a period of fifteen years.
Plaintiff brought suit, alleging that the rezoning denial deprived it of its constitutional rights to equal protection and substantive due process. The parties filed competing motions for summary disposition. The briefs largely focused on whether defendant had treated the Property differently from other properties in the downtown area and whether it had legitimate reasons for doing so.
This letter notified plaintiff that the document that plaintiff provided purporting to establish a commitment for a mortgage was fraudulent and that, based on plaintiff’s failure to comply with the terms of the agreement, the agreement was void.
It is not enough for a defendant to announce a position or assert an error and then leave it up to the Court to discover and rationalize the basis for his/her claims and then search for authority either to sustain or reject his/her position.
This matter arises out of an ongoing dispute between a unit owner in the Condominium, and the Condominium Association.
Under Michigan law, parties may acquiesce to a new property boundary line. Acquiescence is established when a preponderance of the evidence establishes that the parties treated a particular boundary line as the property line.
The day after the trial court entered its order, Defendant C quitclaimed his interest in the property to Defendant B, who then sold the property on land contract to new owners.
A residence was conveyed to the decedent, Lyle F. Steiner, and the intervenor, Steven M. Steiner (Lyle's son). Years later, when Lyle passed away, Steven was appointed PR of Lyle's estate. "DHHS filed a claim against the estate for unpaid Medicaid...
Plaintiffs filed suit to quiet title to a circular driveway that runs through property owned by one of the defendants and provides access to property currently owned by the trust. On appeal, the court agreed with plaintiffs that by virtue of...
Concluding that the trial court should have applied Haab as clarified by Widmayer, the court reversed the grant of the defendants' summary disposition motion and denial of the plaintiffs' motion for partial summary disposition on the issue of the...
The Talamore for Three Trust became an owner of the property in 1/14. Petitioner was the trustee of the Trust and co-owner of the property. His 2/14 documents only showed that he rented a trailer that was delivered to Muskegon. His 4/14 receipts...
During a repair to its water line, plaintiff discovered that the line also served defendant's property. Plaintiff sought a declaratory ruling that defendant had no right to its water line and that plaintiff could remove defendant's connection. The...
Petitioner disputed the respondent-city's valuation of her property for the 2014 tax year. The TT affirmed the valuation. On appeal, the court agreed with petitioner that by concluding its meetings on March 7, respondent's MBOR failed to comply...
The court affirmed the trial court's judgment in favor of plaintiff, which enjoined defendants from using the well and waterline at issue, and awarded plaintiff $186.04 in costs. The case involved a property dispute arising from defendants' use of...
The case arose out of a guardianship dispute between the minor wards' grandmothers, which arose following the entry of a consent judgment in an earlier Canadian proceeding. On appeal, Bibi argued that the probate and circuit courts erred in...
Plaintiffs sought a declaration that the agreement with defendant was a binding contract, and that defendant breached it as well as the implied covenant of good faith and fair dealing. On appeal, the court rejected plaintiffs' argument that the...
Thus, the court affirmed the trial court's order granting summary disposition in favor of defendants. The case concerned the ownership of a rectangular strip of land or lot referred to as the "fire-lane" that runs through part of a platted...
The court held that the trial court did not err by dismissing the plaintiff-landowner's complaint related to the defendant-neighboring landowner's fence and granting summary disposition to defendant. It also found that the trial court did not err...
The court held that the trial court did not err by granting plaintiffs-property owners summary disposition and declaring void the defendants-townships' (Haring and Clam Lake) agreement to conditionally transfer property. Plaintiffs sought to annex...
Holding that the trial court clearly erred in finding that there was mutual assent to modify the land contract at issue to waive interest, and erred as a matter of law in ruling that the modification complied with the statute of frauds, the court...
The court concluded that even if the trial court erred in finding untimely the defendant-property owner's objection to the plaintiff-city's proposed final amended default judgment, the error was harmless given that his objection was an attempt to...
The circuit court abused its discretion when it dismissed as untimely the plaintiff's appeal as of right from defendant-Peninsula Township Zoning Board of Appeals' decisions regarding requested dimensional variances (Count I) because the circuit...
The court reversed the district court's ruling that the six-year statute of limitations had run on the plaintiffs' action to enjoin the U.S. Forest Service from enforcing its "no gas-powered motorboat" restrictions on the lake on which they owned...
The trial court properly granted summary disposition to the defendant in this foreclosure of an undeveloped parcel. Defendant "initiated foreclosure by advertisement in early 2012, and conducted the sheriff's sale in March of that year." In June,...
Holding that the plaintiff-LLC lacked statutory standing to challenge the results of the zoning referendum election under MCL 600.4545 because it was not a citizen of the county, the court reversed the trial court's order denying the intervening...
The court held that the trial court did not err in ruling for the third-party defendant (Taylor) and her company (the plaintiff), declaring plaintiff the owner of two parcels of land previously owned by the defendants and dismissing their...
The court held that the trial court did not err by rejecting the plaintiffs' action seeking to enforce an easement against the defendants. Plaintiffs sold defendants a 40-acre plot of land that included an easement for a drainage system (tile line)...
Holding that the three-year limitations period applied to the plaintiff's nuisance claim, the court affirmed the trial court's order granting the defendant summary disposition. However, it remanded the case for consideration of plaintiff's request...
