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PLYMOUTH CANTON COMMUNITY CRIER, INC. v. PROSE

Docket No. 210896.

619 N.W.2d 725 (2000)

242 Mich. App. 676

The PLYMOUTH CANTON COMMUNITY CRIER, INC., and Fleet Street Association, II, Plaintiffs/Counterdefendants-Appellees/Cross-Appellants, v. Thomas PROSE, Maria Prose and General Medicine, P.C., Defendants/Counterplaintiffs-Appellants/Cross-Appellees.

Court of Appeals of Michigan.

Decided September 29, 2000, at 9:05 a.m.

Released for Publication December 8, 2000.

Attorney(s) appearing for the Case

Seyburn, Kahn, Ginn, Bess, Deitch and Serlin, P.C. (by Barry M. Rosenbaum), Southfield, for the defendants.

Before: ZAHRA, P.J., and SAAD and GAGE, JJ.

GAGE, J.

Plaintiffs Plymouth Canton Community Crier, Inc., and Fleet Street Association, II, filed this action to enjoin defendants Thomas Prose, Maria Prose and General Medicine, P.C., from interfering with plaintiffs' use of an area at the rear of plaintiffs' building for purposes of loading and unloading vehicles. The area in question was subject to an express easement agreement, but defendants asserted that the express easement did not include plaintiffs' loading...

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