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DUTTON PARTNERS, LLC v. CMS ENERGY CORP.

Docket No. 292094.

802 N.W.2d 717 (2010)

290 Mich. App. 635

DUTTON PARTNERS, LLC v. CMS ENERGY CORP.

Court of Appeals of Michigan.

Decided September 21, 2010.

Approved for publication November 16, 2010, at 9:10 a.m.

Attorney(s) appearing for the Case

Padilla Kostopoulos, PLLC, Birmingham (by K. Dino Kostopoulos , Gerald V. Padilla , Southfield, and Daniel V. Padilla , Birmingham), for plaintiff.

Sullivan, Ward, Asher & Patton, P.C., Southfield, (by Scott D. Feringa and Ronald S. Lederman ), for defendant.

Before: GLEICHER, P.J., and ZAHRA and K.F. KELLY, JJ.

PER CURIAM.

CMS Energy Corporation, defendant, appeals by leave granted the trial court's opinion and order denying its motion for summary disposition.1 We reverse and remand.

I. BASIC FACTS AND PROCEDURE

Plaintiff, Dutton Partners, LLC, owns a 177-acre development, known as "Stonegate Ravines," located in Orion Township, Michigan. An easement across the property contains an underground pipeline, which is used for the...

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