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McCARDEL v. SMOLEN

Docket No. 22696.

71 Mich. App. 560 (1976)

250 N.W.2d 496

McCARDEL v. SMOLEN

Michigan Court of Appeals.

Decided October 18, 1976.

Attorney(s) appearing for the Case

Fortino, Plaxton & Moskal, for plaintiffs.

Miller, Canfield, Paddock & Stone (by James W. Williams), for defendants.

Amicus Curiae: Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, and Jerome Maslowski and Russell E. Prins, Assistants Attorney General.

Before: ALLEN, P.J., and D.E. HOLBROOK, Jr., and E.H. PAPP, JJ.

Leave to appeal applied for.

ALLEN, P.J.

This appeal brings to the Court for the fourth time a dispute over beach access rights in platted Higgins Lake subdivisions. All of the litigants own property in the "First Addition" to Michigan Central Park Subdivision.1 Lots in the subdivision are separated from the waters of Higgins Lake by a strip of land designated on the plat as Michigan Central Park Boulevard. The boulevard was dedicated...

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