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SCHUMACHER v. DEPT'T OF NATURAL RESOURCES

Docket No. 233143.

663 N.W.2d 921 (2003)

256 Mich. App. 103

Matthew J. SCHUMACHER, Plaintiff-Appellant/Cross-Appellee, v. DEPARTMENT OF NATURAL RESOURCES, Defendant-Appellee/Cross-Appellant.

Court of Appeals of Michigan.

Decided April 1, 2003, at 9:10 a.m.

Released for Publication May 29, 2003.

Attorney(s) appearing for the Case

Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, and Barbara A. Schmidt, Assistant Attorney General, for the defendant.

Dykema Gossett PLLC (by Zora E. Johnson), Bloomfield Hills, for the plaintiff.

Before: DONOFRIO, P.J., and SAAD and OWENS, JJ.

PER CURIAM.

Plaintiff Matthew J. Schumacher appeals and defendant Department of Natural Resources cross-appeals a trial-court order granting plaintiff an easement by necessity over state land, but limiting it to nonmotorized transportation. We affirm in part, reverse in part and remand for a determination regarding the proper scope of the easement.

In 1896, the state acquired a square, nine-parcel block of land...

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