PLATT v. INGHAM ROAD COMMISSION

Docket No. 11840.

40 Mich. App. 438 (1972)

198 N.W.2d 893

PLATT v. INGHAM COUNTY ROAD COMMISSION

Michigan Court of Appeals.

Decided May 1, 1972.


Attorney(s) appearing for the Case

Russel A. Lawler, for defendant.

Before: McGREGOR, P.J., and J.H. GILLIS and O'HARA, JJ.


PER CURIAM.

Plaintiffs appeal the denial of an injunction sought against defendant to prevent it from entering upon their land to remove certain trees for the purpose of widening Williamston road in Williamstown Township, Ingham County.

It appears that the trial court based its decision upon the erroneous view that a right-of-way for a highway obtained by prescriptive use is always to be four rods in width regardless of the extent of the actual use. This view...

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