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LAPEER CTY. ABSTRACT & TITLE CO. v. LAPEER CTY. REG. OF DEEDS

Nos. 245911, 245912.

691 N.W.2d 11 (2004)

264 Mich. App. 167

LAPEER COUNTY ABSTRACT & TITLE COMPANY and Don Schultz, Plaintiffs-Appellees, v. LAPEER COUNTY REGISTER OF DEEDS, County of Lapeer, and Lapeer County Board of Commissioners, Defendants-Appellants. Lapeer County Abstract & Title Company and Don Schultz, Plaintiffs-Appellants, v. Lapeer County Register of Deeds, County of Lapeer, and Lapeer County Board of Commissioners, Defendants-Appellees.

Court of Appeals of Michigan.

Decided October 21, 2004, at 9:05 a.m.

Released for Publication December 22, 2004.

Attorney(s) appearing for the Case

Plunkett & Cooney, P.C. (by Jeffrey C. Gerish and Patricia Irving Cwiek), Bloomfield Hills, for the plaintiffs.

Johnson, Rosati, LaBarge, Aseltyne & Field, P.C. (by Marcia L. Howe), Farmington Hills, for the defendants.

Michael J. Hagerty, Lansing, for the Michigan Land Title Association.

Miller, Canfield, Paddock and Stone, P.L.C. (by Michael J. Hodge and Robert A. LeFevre), Lansing, for the Michigan Association of Registers of Deeds.

Before: SCHUETTE, P.J., and BANDSTRA and METER, JJ.

BANDSTRA, J.

This case presents questions of law regarding the authority of a county register of deeds to provide copies of real estate records it maintains to members of the public. The specific question raised is whether a register of deeds may condition the sale of such copies in microfilm format or at a reduced bulk rate on the purchaser's contractual agreement that it will not provide copies of the records to third parties. We hold that a county register of deeds...

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