Bachus v. Township of West Traverse, Emmett County, Michigan
| Decision Date | 25 November 1981 |
| Docket Number | 67598,Nos. 67597,s. 67597 |
| Citation | 412 Mich. 870,313 N.W.2d 282 |
| Parties | Littleton J. BACHUS and Elizabeth Ann Bachus Hubert, Plaintiffs-Appellees, v. TOWNSHIP OF WEST TRAVERSE, EMMETT COUNTY, MICHIGAN. Truman H. CUMMINGS, Jr., Alice Jean Cummings, Joyce Cummings Smith and Cheryl Cummings Von Valtier, Plaintiffs-Appellees, v. TOWNSHIP OF WEST TRAVERSE, EMMETT COUNTY, MICHIGAN, Defendant-Appellant. 412 Mich. 870, 313 N.W.2d 282 |
| Court | Michigan Supreme Court |
On order of the Court, the application for leave to appeal and the motion for a stay of proceedings are considered.
Pursuant to GCR 1963, 865.1(5), we REMAND 107 Mich.App. 743, 310 N.W.2d 1, to the Emmet Circuit Court for an evidentiary hearing following which the trial judge shall make findings as to whether the plaintiffs were assessed and paid taxes on the parts of their land that the defendant claims by adverse possession. We retain jurisdiction. The findings and a transcript of the hearing shall be filed with this Court within 60 days of the date of this order.
The motion for a stay is DENIED because the filing of the timely application for leave to appeal to this Court prevents the issuance of the final judgment of the Court of Appeals. People v. George, 399 Mich. 638, 250 N.W.2d 491 (1977).
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