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DNR v. CARMODY-LAHTI REAL ESTATE, INC.

Docket No. 124413. Calendar No. 8.

699 N.W.2d 272 (2005)

472 Mich. 359

MICHIGAN DEPARTMENT OF NATURAL RESOURCES, Plaintiff-Appellee and Cross-Appellant, v. CARMODY-LAHTI REAL ESTATE, INC., a Michigan Corporation Defendant-Appellant and Cross-Appellee.

Supreme Court of Michigan.

May 27, 2005.

Attorney(s) appearing for the Case

Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, and Harold J. Martin and John F. Szczubelek, Assistant Attorneys General, Escanaba, MI, for the plaintiff.

Bridges and Bridges (by Caroline Bridges), Negaunee, MI, for the defendant.

YOUNG, J.

In 1873, the Quincy Mining Company conveyed an interest in real property located in Houghton County, Michigan, to the Mineral Range Railroad Company. The parties labeled this interest a "right of way" in the written deed. The precise nature of this right-of-way-whether it was an easement or a fee estate, whether it was limited to railroad purposes and, if so, what such a limitation would mean-is the subject matter of this appeal.

Plaintiff, the Michigan...

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