CITY OF KENTWOOD, a Michigan municipal corporation, Plaintiff-Appellant,
v.
ESTATE OF Paul J. SOMMERDYKE (Charles B. and Luciana Waddell), Defendants-Appellees.
Supreme Court of Michigan.https://leagle.com/images/logo.png
Argued March 3, 1998.
Decided July 31, 1998.
Attorney(s) appearing for the Case
Roberts, Betz & Bloss, P.C. (by Marshall W. Grate) Grand Rapids, for the plaintiff-appellant.
Rhoades, McKee, Boer, Goodrich & Titta (by Arthur C. Spalding and Molly M. McNamara) Grand Rapids, for the defendants-appellees.
Pratt & Frank, P.C. (by Donald C. Frank), Okemos, for Kathy S. Barrier and Betty Bergeon.
Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, and Patrick F. Isom, Assistant Attorney General, Lansing, for Department of Transportation.
Hackett, Maxwell & Phillips (by Dawn L. Phillips-Hertz and Lisa Rycus Mikalonis), Troy, for Michigan Press Association.
Larry A. Salstrom, Okemos, for Ingham County Board of County Road Commissioners.
M. Carol Bambery, Lansing, for Michigan United Conservation Clubs.
Fraser, Trebilcock, Davis & Foster, P.C. (by Michael C. Levine and Christina T. Henriques), Lansing, for County Road Association of Michigan, Michigan Municipal League and Michigan Townships Association.
Loomis, Ewert, Parsley, Davis & Gotting, P.C. (by Harvey J. Messing and Gary L. Field), Lansing, for Michigan Electric and Gas Association, Michigan Municipal Electric Association, Michigan Electric Cooperative Association, Telecommunications Association of Michigan, Ameritech Michigan, GTE North Incorporated, Detroit Edison Company, Michigan Consolidated Gas Company, and Consumers Energy Company.
Robert C. Walter, Assistant Corporation Counsel, Detroit, for City of Detroit.
Thomas J. O'Toole, Muskegon, for Muskegon County Road Commission.
Supreme Court of Michigan.
OPINION
MICHAEL F. CAVANAGH, Justice.
In this case we granted leave to appeal to determine whether a highway created by use under the highway-by-user statute1 is limited to the area of actual public use, or to the statutory four-rod width. If the latter, we then must determine whether the four-rod-wide rebuttable presumption is constitutional under the Michigan and United States Constitutions. In accordance with United States...
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