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PINE BLUFFS ASS'N v. DeWITT LANDING ASS'N

Docket No. 289200.

792 N.W.2d 18 (2010)

287 Mich. App. 690

PINE BLUFFS AREA PROPERTY OWNERS ASSOCIATION, INC. v. DeWITT LANDING AND DOCK ASSOCIATION.

Court of Appeals of Michigan.

Decided April 1, 2010, at 9:00 a.m.

Attorney(s) appearing for the Case

Carey & Jaskowski, P.L.L.C. (by Richard J. Jaskowski ), Grayling, for plaintiff.

Olson, Bzdok & Howard, P.C. (by Christopher M. Bzdok and Jeffrey L. Jocks ), Traverse City, for the DeWitt Landing and Dock Association, Kenneth Shinsky, and Eric Wegner.

Cummings, McClorey, Davis & Acho, P.L.C. (by Haider A. Kazim and Andrew J. Brege ), Traverse City, for the Roscommon County Road Commission.

Before: OWENS, P.J., and SAWYER and O'CONNELL, JJ.

O'CONNELL, J.

This case involves a dispute regarding the use of and property rights attached to a 20-foot by 120-foot strip of property at the end of Hitchcock Avenue along Higgins Lake in Gerrish Township, Roscommon County. After a bench trial, the trial court determined that the disputed strip of property was part of Hitchcock Avenue and, therefore, subject to the same restrictions regarding its use as those set forth in Jacobs v. Lyon Twp. (After Remand),

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