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BIEKER v. SUTTONS BAY TWP. SUPERVISOR

Docket No. 139955.

197 Mich. App. 628 (1992)

496 N.W.2d 398

BIEKER v. SUTTONS BAY TOWNSHIP SUPERVISOR

Michigan Court of Appeals.

Decided December 29, 1992, at 9:05 A.M..

Attorney(s) appearing for the Case

Flickinger & Associates, P.C. (by Mary A. Owens), for the plaintiff.

James R. Williams, for the defendant.

Before: SHEPHERD, P.J., and CONNOR and M.F. SAPALA, JJ.

CONNOR, J.

Plaintiff, Ruth A. Bieker, brought this action for a writ of mandamus to compel defendant, the supervisor of Suttons Bay Township in Leelanau County, to comply with the provisions of the opening of private roads and temporary highways act, MCL 229.1 et seq.; MSA 9.281 et seq. The trial court dismissed plaintiff's complaint under MCR 2.116(C)(8) because this Court had declared the act unconstitutional in White Pine Hunting Club v Schalkofski...

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