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LITTLE v. HIRSCHMAN

Docket No. 121836, Calendar No. 7.

677 N.W.2d 319 (2004)

469 Mich. 553

James LITTLE, Cheryl Little, Steven Ramsby, Mary Kavanaugh, Stanley W. Thomas, Nancy G. Thomas, Michael McCluskey, Gladys McCluskey, and Ann Skoglund, Plaintiffs/Counter-Defendants/Appellants, v. Betty H. HIRSCHMAN, Defendant/Counter-Plaintiff/Appellee, and Gerald W. Carrier, Sally Ann Carrier, John P. Viau, and Genevieve Guenter Viau, Defendants/Counter-Plaintiffs, and Frances J. Vanantwerp, Elizabeth Vanantwerp, Mason F. Shouder, and Jean Ann Shouder, Defendants.

Supreme Court of Michigan.

Decided March 31, 2004.

Attorney(s) appearing for the Case

Larry A. Salstrom, P.C. (by Larry A. Salstrom), Okemos, for the plaintiffs.

Patrick & Kwiatkowski, P.L.L.C. (by Peter P. Patrick, Joseph P. Kwiatkowski, and Aaron J. Gauthier), Cheboygan, for defendant Hirschman.

Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, A. Michael Leffler, Assistant in Charge, and James E. Riley, Assistant Attorney General, Lansing, for amici curiae the Department of Consumer and Industry Services.

McClelland & Anderson, L.L.P. (by Gregory L. McClelland and Melissa A. Hagen), Lansing, for amici curiae the Michigan Association of Realtors®.

Opinion

TAYLOR, J.

We granted leave to appeal in this case to consider whether a 1913 plat dedication of two parks "to the owners of the several lots" is valid. That is, is it enforceable by those in the chain of title from the original purchasers of the lots. The Court of Appeals held that it was not on the basis that private dedications are invalid. We disagree with the Court of Appeals and thus reverse its judgment and remand to that Court for further...

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