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KRATZE v. INDEPENDENT ORDER OF ODDFELLOWS

Docket No. 91958, (Calendar No. 7).

442 Mich. 136 (1993)

500 N.W.2d 115

KRATZE v. INDEPENDENT ORDER OF ODDFELLOWS

Supreme Court of Michigan.

Decided April 28, 1993.

Attorney(s) appearing for the Case

Weisman, Trogan, Young & Schloss, P.C. (by Martin C. Weisman and Adam J. Baker), for the plaintiff.

Gerald M. Soborowski; Dykema, Gossett, of counsel (by Kathleen McCree Lewis, Barbara L. Goldman, and Andrew J. Dillon), for the defendants.

BOYLE, J.

I

We apply a balancing test to conclude that the Court of Appeals erred in affirming the trial court's order to defendant1 Oddfellows Lodge No. 11 to remove an encroachment on plaintiff's property. Because we also disagree with the formula for the measure of damages ordered on retrial, we reverse in part and affirm in part the decision of the Court of Appeals and remand the...

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