HEYDON v. MEDIAONE

Docket No. 273109.

739 N.W.2d 373 (2007)

275 Mich. App. 267

Peter N. HEYDON and Henrietta A. Heydon, Plaintiffs-Appellants, v. MEDIAONE of Southeast Michigan, Inc., a Michigan corporation Defendant-Appellee.

Court of Appeals of Michigan.

Decided April 17, 2007, at 9:05 a.m.

Released for Publication August 29, 2007.


Attorney(s) appearing for the Case

Fett & Fields, P.C. (by James K. Fett, Lawrence A. Fields, and Joshua R. Fields), Pinckney, for the plaintiffs.

Harvey Kruse, P.C. (by Dale R. Burmeister), Troy, for the defendant.

Before: SERVITTO, P.J., and TALBOT and SCHUETTE, JJ.


PER CURIAM.

Plaintiffs appeal as of right the trial court's order granting summary disposition in defendant's favor and dismissing plaintiffs' claims. Because a prescriptive easement in gross, commercial in nature, may be apportioned and because the apportionment of the easement in this matter does not materially or unreasonably increase the burden on the servient estate, we affirm.

This matter arises from a dispute over whether defendant acquired the right...

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