TP. OF GRAYLING v. BERRY

No. 344297.

942 N.W.2d 63 (2019)

329 Mich. App. 133

TOWNSHIP OF GRAYLING, Plaintiff/Third-Party Defendant-Appellee, v. Alan BERRY and Louis Scarpino, Defendants, and John Gutkowski, James Bokhart, Robert Buchholz, Nancy Chartier, and Douglas Elsworth, Defendants/Third-Party Plaintiffs-Appellants, and Carol Buchholz, Daniel Bujalski, Renee Bujalski, Betty Bokhart, Katherine Chesney, Michele Gutkowski, Don Hollis, Matt Latusek, Katie Latusek, Karen Martella, Michael Sahr, Sally Sahr, Tim Scarpino, Christina Scarpino, Connie Stevens, Michael Stevens, Judy Mermeesch, Paul Wagner, Joanne Wagner, Dan Whitney, Sherry Whitney, and Marjorie Whitney, Third-Party Plaintiffs-Appellants, and Director of the Department of Energy, Labor, & Economic Growth, Chairperson of the Board of Crawford County Road Commission, Crawford County Drain Commissioner, Director of the Department of Transportation, Director of the Department of Natural Resources, Great Lakes Energy, Michael Mitchell, and Jill Mitchell, Third-Party Defendants-Appellees, and Frontier Communications, Charter Communications, Michael Bushre, Kelly Bushre, Raymond Confer, Wendy Confer, David Constantine, Deanna Constantine, Michael Kolka, Harry & Luella Kolka Trust, Charles Thiel, and Monique Thiel, Third-Party Defendants.

Court of Appeals of Michigan.

Decided July 23, 2019, 9:00 a.m.


Attorney(s) appearing for the Case

Michael T. Edwards for John Gutkowski, James Bokhart, and other third-party plaintiffs.

Carey & Jaskowski, PLLC (by William L. Carey and Richard J. Jaskowski , Grayling) for Grayling Township and the chairperson of the Crawford County Board of Road Commissioners.

Before: O'Brien, P.J., and Fort Hood and Cameron, JJ.


The Township of Grayling (hereinafter, Grayling) sued seven residents of Grayling, seeking declaratory and injunctive relief regarding the scope of the dedications of three specific platted roads located in a subdivision of Grayling known as Portage Lake Park. After this lawsuit was filed, those seven residents, along with 22 other residents...

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