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KRAUS v. MICH. DEPARTMENT OF COMMERCE

Docket Nos. 100937 to 100942, Calender No. 3.

547 N.W.2d 870 (1996)

451 Mich. 420

Otto KRAUS, Edward Kurz, Barbara Stoye, Frederick D. Stoye, Sr., and Helen Mueller, Plaintiffs-Appellants, v. MICHIGAN DEPARTMENT OF COMMERCE, Director of the Michigan Department of Transportation, Michigan Department of Treasury, Jeffrey D. Bertl, William A. Harrington and Gale A. Harrington, Defendants-Appellees. Peter APOSTILE, Pauline Apostile, Robert Grenell, Helene Fritz, James Fryfogle and Joseph Rimarcik, Plaintiffs-Appellants, v. MICHIGAN DEPARTMENT OF COMMERCE, and Martin Schmidt, Defendants-Appellees, and Gerrish Township, Roscommon County Road Commission, Roscommon County Drain Commission, Director of the Michigan Department of Transportation, Patricia Palmer and David C. Palmer, Defendants. Isabelle M. ZIOLA, Plaintiff-Appellant, v. GERRISH TOWNSHIP and Michigan Department of Treasury, Defendants-Appellees, and Roscommon County Road Commission and Roscommon County Drain Commission, Defendants. Randolph P. LUCK, Cynthia A. Luck, and the Revocable Trust of Cynthia A. Luck, Cynthia A. Luck, Trustee, Plaintiffs-Appellants, v. LYON TOWNSHIP, Roscommon County Road Commission, Roscommon County Drain Commission, Michigan Department of Transportation, Michigan Department of Treasury, Robert L. Ancel, Celia M. Ancel, Wilbur M. Weston, Arlene K. Weston, Louise Zielinski, Walter S. Zielinski, and J.C. Tanner, Defendants-Appellees.

Supreme Court of Michigan.

Decided May 21, 1996.

Attorney(s) appearing for the Case

Carey & Associates, P.C. by William L. Carey and Kathleen Kaufman, Grayling, for plaintiff.

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, and James E. Riley, Assistant Attorney General, Lansing, for State appellees, Natural Resource Division.

James R. Deamud, Prudenville, for Roscommon County Road Commission in Luck.

Hess & Hess, P.C. by Robert A. Hess, Roscommon, for Gerrish Township.

Douglas Dosson, Roscommon, for Lyon Township in Luck.

Cox & Hodgman, P.C. by William H. Horton, Troy, for defendants in Kraus, Apostile, and Luck.

Gerard F. Brabant, Roscommon, for Two Lakes Building Corporation in Kraus.

OPINION

MICHAEL F. CAVANAGH, Justice.

This is a consolidated appeal of four separate cases in which the plaintiffs sought to vacate unimproved platted roads adjacent to Higgins Lake in Roscommon County pursuant to the Subdivision Control Act, M.C.L. § 560.101 et seq.; M.S.A. § 26.430(101) et seq. In all four cases, the disputed roads were designated as avenues or boulevards, and were...

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