KLEIN v. DUDLEY

Docket No. 19763.

59 Mich. App. 515 (1975)

229 N.W.2d 831

KLEIN v. DUDLEY

Michigan Court of Appeals.

Decided March 12, 1975.


Attorney(s) appearing for the Case

Landman, Hathaway, Latimer, Clink & Robb (by William M. Newman), for plaintiffs.

Leonard J. Gavigan, for defendant Summit Township.

Before: T.M. BURNS, P.J., and QUINN and O'HARA, JJ.


O'HARA, J.

We accept in its entirety Judge T.M. BURNS' recitation of facts and his recitation of the procedural sequence in this case.

We are, however, in respectful disagreement with his legal conclusions.

The deed to the township is for a right-of-way for foot or vehicular traffic. Thus there is no reason why the township could not utilize the realty for a park trail or other public purpose which...

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