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VILLAGE OF KALKASKA v. SHELL OIL CO.

Docket No. 81915, (Calendar No. 2).

433 Mich. 348 (1989)

446 N.W.2d 91

VILLAGE OF KALKASKA v. SHELL OIL COMPANY

Supreme Court of Michigan.

Decided September 11, 1989.

Attorney(s) appearing for the Case

Thomas J. Jewett and Thomas L. Moore for plaintiff MGM Petroleum, Ltd.

William S. Gregory for plaintiffs Village of Kalkaska and County of Kalkaska.

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, and Richard R. Roesch and Russell E. Prins, Assistant Attorneys General, for the State of Michigan.

Marco, Litzenburger, Smith, Brown & Erhart, P.C. (by Wayne Richard Smith), for defendant abutting landowners.

Mika, Meyers, Beckett & Jones (by Mark A. Kehoe) for defendant Shell Oil Company.

Amicus Curiae:

Loomis, Ewert, Ederer, Parsley, Davis & Gotting (by James R. Neal, Rodger T. Ederer, and John O. Juroszek) for the Standing Committee on Oil and Gas Law of the State Bar of Michigan.

AFTER REMAND

LEVIN, J.

The question presented is whether the Village or County of Kalkaska obtained a proprietary interest in oil and gas lying beneath the surface of land that was designated, on plats recorded in 1876, 1888, and 1918, for public use as streets or alleys. We agree with the circuit judge and the Court of Appeals that a proprietary interest in oil and gas was not conveyed to the village or county when the plats were recorded, and that the...

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