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MUMAUGH v. McCARLEY

Docket Nos. 172301, 172507 and 172522.

558 N.W.2d 433 (1996)

219 Mich. App. 641

Carol Jean MUMAUGH and Muriel Frances Robinson, Plaintiffs-Appellees, v. Michael A. McCARLEY and Debra W. McCarley, Defendants-Appellants, and Owners of Real Property in NJ. Crocker's Subdivision, Pinehurst Subdivision, and Pine Ridge Subdivision, Third-Party Defendants. Freeda VANTOL, Petitioner-Appellant, v. PINEHURST SHORES, Respondent-Appellee. H. John PHELPS III, Plaintiff-Appellant, v. BALDWIN TOWNSHIP BOARD, Michael A. McCarley and Debra McCarley, husband and wife, Jay R. Cooper, Jr. and Eleanore E. Cooper, husband and wife, and Michigan State Treasurer, Defendants-Appellees, and Daniel L. Trubac and Teresa M. Trubac, husband and wife, Timothy P. Kolnity and Debra L. Kolnity, husband and wife, Edward J. Lubinski and Eileen M. Lubinski, husband and wife, Donald T. Kelly and Marita H. Kelly, husband and wife, Harry Krueger, Iosco County Drain Commissioner, and Richard M. Harris, Chairperson, Iosco County Road Commissioners, Defendants.

Court of Appeals of Michigan.

Decided November 1, 1996, at 9:20 a.m.

Released for Publication January 24, 1997.

Attorney(s) appearing for the Case

Hardy, Lewis and Page by Thomas Hardy, David M. Davis, and Karl F. Newman, Birmingham, for H. John Phelps, III.

James W. Shotwell, Tawas City, for Michael A. and Debra W. McCarley and Freeda VanTol.

Jerry L. Schmidt, East Tawas, for Baldwin Township Board.

Before DOCTOROFF, C.J., and HOOD and BANDSTRA, JJ.

DOCTOROFF, Chief Judge.

These appeals arising from cases that were consolidated for trial concern an area on the western shore of Lake Huron where the lake has receded, exposing approximately two hundred feet of new land. The parties contest the boundary lines of the newly exposed area. Defendants Michael and Debra McCarley and plaintiff H. John Phelps, III, appeal as of right from the trial court's disposition of the property in issue. Petitioner Freeda VanTol appeals...

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