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BAUM FAMILY TRUST v. BABEL

Docket No. 284547.

773 N.W.2d 44 (2009)

284 Mich. App. 544

2000 BAUM FAMILY TRUST v. BABEL.

Court of Appeals of Michigan.

Decided June 23, 2009, at 9:05 a.m.

Attorney(s) appearing for the Case

Vandeveer Garzia, P.C. (by Hal O. Carroll), Troy, for 2000 Baum Family Trust and others.

Joel D. Wurster, PLC (by Joel D. Wurster), Petoskey, for the Charlevoix County Road Commission.

Young, Graham, Elsenheimer & Wendling (by Harry K. Golski), Charlevoix, for Charlevoix Township.

Fraser Trebilcock Davis & Dunlap, P.C. (by Michael C. Levine), Lansing, for the County Road Association of Michigan, amicus curiae.

Gentry Law Offices, P.C. (by Kevin S. Gentry), Whitmore Lake, for the Higgins Lake Civic Association, amicus curiae.

Carey & Jaskowski, PLLC (by William L. Carey), Grayling, and Law, Weathers & Richardson, P.C. (by Clifford H. Bloom), Grand Rapids, for the Michigan Waterfront Alliance and the Higgins Lake Property Owners Association, amici curiae.

Before: FORT HOOD, P.J., and MARK J. CAVANAGH and K.F. KELLY, JJ.

PER CURIAM.

This appeal involves a dispute over riparian rights to Lake Charlevoix, formerly known as Pine Lake. Plaintiffs are owners of lots fronting Lake Charlevoix but separated from the water by Beach Drive, a road dedicated to the use of the public that runs parallel and immediately adjacent to the lake. The trial court denied plaintiffs' motion for partial summary disposition, ruling that plaintiffs' lots were not riparian because a statutory dedication vested...

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