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TOMECEK v. BAVAS

Docket No. 134665. COA No. 258907.

759 N.W.2d 889 (2009)

Frank J. TOMECEK, Jr., and Janis H. Tomecek, Plaintiffs-Appellees, v. Andrew Lucian BAVAS, et al., 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, et al., Defendants.

Supreme Court of Michigan.

February 10, 2009.

Order

In this cause, a motion for rehearing is considered and it is DENIED.

YOUNG, J. (dissenting).

I would grant the defendant-appellant's motion for rehearing.

This case came before us on cross-motions for summary disposition and involved discerning whether the grantors of the plaintiffs' "easement for driveway purposes" intended the plaintiffs to have access to utilities along that easement. The formulation of the issues in controversy...

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