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LAKES OF THE NORTH ASS'N v. TWIGA LTD. PARTNERSHIP

Docket No. 215900.

614 N.W.2d 682 (2000)

241 Mich. App. 91

LAKES OF THE NORTH ASSOCIATION, Plaintiff/Counterdefendant-Appellee/Cross-Appellant, v. TWIGA LIMITED PARTNERSHIP, Defendant/Counterplaintiff-Appellant/Cross-Appellee, and Community Associations Institute, Amicus Curiae.

Court of Appeals of Michigan.

Decided May 12, 2000, at 9:00 a.m.

Released for Publication July 26, 2000.

Attorney(s) appearing for the Case

Calcutt, Cunningham, Davison, Rogers, Boynton & Petterson (by Jack E. Boynton), Traverse City, for the plaintiff.

Willard C. Ducharme, Southfield, and Cooper, Walinski & Cramer (by Paul A. Callam), Ann Arbor, for the defendant.

Mark F. Makower, Farmington Hills, for Community Associations Institute.

Before MARKEY, P.J., and MURPHY and R.B. BURNS, JJ.

PER CURIAM.

Defendant TWIGA Limited Partnership appeals by right the trial court's order granting summary disposition to plaintiff Lakes of the North Association on plaintiff's claim for past due association assessments. Plaintiff cross appeals, claiming that the trial court's finding that the association assessment was not an "easement" pursuant to M.C.L. § 211.67b; MSA 7.112(2) was erroneous. We affirm.

The parties do not dispute the facts in this case...

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