TOMECEK v. BAVAS

Docket No. 134665. COA No. 258907.

748 N.W.2d 523 (2008)

Frank J. TOMECEK, Jr., and Janis H. Tomecek, Plaintiffs-Appellees, v. Andrew Lucian BAVAS, Joyce Bavas, Inez Hildegard Bavas, Stanley Francis Stasch, Julia Stasch, Martha Stasch, Patricia M. Curtner, Timothy V. McGree, Peter A. Stratigos, Alice M. Stratigos, Pamela Krueger, Devereaux Bowly, Jr., David N. Derbyshire, Ellen R. La Fountain, Jonathan Rodgers, Royal Kennedy Rodgers, Lee Stahl, III, and Susan Stahl, Defendants-Appellants, and Indiana Michigan Power Company, d/b/a American Electric Power Company, Inc., Michigan Department of Labor and Economic Growth, and Berrien County Drain Commissioner, Defendants-Appellees, and Daniel Johnson, Scott Loess, Kathleen Loess, Jane Henkle, Richard Cragg, Lois Zyer, Arthur C. Mertz Revocable Trust, Peter Levy, Benita Levy, Lakeside Property Owners, Chikaming Township, Robert Forker, Jr., New Buffalo Savings Bank, Fifth Third Bank, Shoreline Bank, Semco Energy, Inc., Semco Energy Gas Company, SBC Ameritech Corporation, Michael L. Jones, Laura L. Avery, and Julia E. Pietras, Defendants.

Supreme Court of Michigan.

May 2, 2008.


On order of the Court, the miscellaneous motion and the motion to file amicus curiae brief are GRANTED. The application for leave to appeal the July 3, 2007 judgment of the Court of Appeals is considered, and it is GRANTED. The parties shall include among the issues to be briefed: (1) whether an action under the Land Division Act, MCL 560.101, et seq., can be used to burden existing, substantive property rights; (2) whether...

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