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VILLADSEN v. MASON CTY. RD. COMM.

Docket No. 255955.

706 N.W.2d 897 (2005)

268 Mich. App. 287

Alfred VILLADSEN, Donald Villadsen, Marilyn Villadsen, and Jack Mickevich, Plaintiffs/Third-Party Defendants-Appellants, v. MASON COUNTY ROAD COMMISSION, Defendant/Third-Party Plaintiff-Appellee, and Sherman Township, Defendant/Third-Party Defendant, and Department of Natural Resources and Mason County Drain Commissioner, Third-Party Defendants.

Court of Appeals of Michigan.

Decided July 19, 2005.

Approved for publication September 27, 2005, at 9:10 a.m.

Released for publication December 27, 2005.

Attorney(s) appearing for the Case

Anderson, Stull & Associates (by David J. Anderson), Lansing, for the plaintiffs.

Young, Graham & Elsenheimer, P.C. (by Kevin A. Elsenheimer), Bellaire, for the Mason County Road Commission.

Gockerman, Wilson, Saylor & Hesslin, P.C. (by Richard M. Wilson, Jr.), Manistee, for Sherman Township.

Before: O'CONNELL, P.J., and SCHUETTE and BORRELLO, JJ.

PER CURIAM.

Plaintiffs appeal as of right an order in which the trial court held that a particular section of Darr Road that is located in Sherman Township in Mason County and that abuts plaintiffs' property is a highway by user under MCL 221.20. We affirm.

At issue in this case is ownership of a one-mile section of Darr Road. Darr Road is a north-south road that the trial court characterized as "an established but intermittent section line road [that extends...

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