THREE LAKES ASS'N v. KESSLER

Docket No. 45420.

101 Mich. App. 170 (1980)

300 N.W.2d 485

THREE LAKES ASSOCIATION v. KESSLER

Michigan Court of Appeals.

Decided October 24, 1980.


Attorney(s) appearing for the Case

Jaffe, Snider, Raitt, Garratt & Heuer, P.C., for plaintiff.

Donald J. Berlage, P.C., for defendants.

Before: M.F. CAVANAGH, P.J., and D.E. HOLBROOK, JR., and J.H. PIERCEY, JJ.


PER CURIAM.

Plaintiff, a nonprofit corporation composed mainly of riparian land owners, brought the underlying suit to enjoin the defendants, new residents on 47 residential lots in White Sands Estates subdivision, Antrim County, from having access to Torch Lake through a 42-foot-wide strip of land.

In an action tried in 1976, the trial court held, contrary to plaintiff's argument, that beneficial use of the access strip could be vested in the subdivision...

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