Marlette Auto Wash, LLC v. Van Dyke SC Props., LLC, SC: 153979
Decision Date | 22 March 2017 |
Docket Number | SC: 153979,COA: 326486 |
Citation | 500 Mich. 950,891 N.W.2d 230 (Mem) |
Parties | MARLETTE AUTO WASH, LLC, Plaintiff/Counterdefendant–Appellant, v. VAN DYKE SC PROPERTIES, LLC, Defendant/Counterplaintiff–Appellee. |
Court | Michigan Supreme Court |
500 Mich. 950
891 N.W.2d 230 (Mem)
MARLETTE AUTO WASH, LLC, Plaintiff/Counterdefendant–Appellant,
v.VAN DYKE SC PROPERTIES, LLC, Defendant/Counterplaintiff–Appellee.
SC: 153979
COA: 326486
Supreme Court of Michigan.
March 22, 2017
On order of the Court, the application for leave to appeal the May 10, 2016 judgment of the Court of Appeals is considered, and it is GRANTED. The parties shall address whether open, notorious, adverse, and continuous use of property for at least fifteen years creates a prescriptive easement that is an easement appurtenant, without regard to whether the owner of the dominant estate took legal action to claim the easement.
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Marlette Auto Wash, LLC v. Van Dyke SC Props., LLC
- United States
- Michigan Supreme Court
- 19 Marzo 2018
..."no previous owner of the car wash asserted a claim of prescriptive easement with regard to defendant’s property." Marlette Auto Wash, LLC v. Van Dyke SC Props., LLC , unpublished per curiam opinion of the Court of Appeals, issued May 10, 2016 (Docket No. 326486), p. 3, 2016 WL 2731124. The......