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SMITH v. STRAUGHN

No. 345391.

952 N.W.2d 521 (2020)

331 Mich.App. 209

Ralph Steven SMITH and Sue Smith, Plaintiffs/Counterdefendants-Appellants, v. Joseph W. STRAUGHN, Individually and as Trustee of Joseph W. Straughn Revocable Trust, Defendant/Counterplaintiff/Third-Party Plaintiff-Appellee, and Timothy Smith, Third-Party Defendant.

Court of Appeals of Michigan.

Decided January 28, 2020, 9:00 a.m.

Attorney(s) appearing for the Case

Foster Swift Collins & Smith, PC, St. Joseph (by Stephen W. Smith ) for plaintiffs.

HassCaywood PC, Sturgis (by Michael J. Caywood ) for defendant.

Before: O'Brien, P.J., and Ronayne Krause and Gadola, JJ.

Plaintiffs, Ralph Steven Smith and Sue Smith, appeal as of right the trial court's order and declaratory ruling regarding an easement that burdens the property of defendant, Joseph Straughn, individually and as Trustee of Joseph W. Straughn Revocable Trust. In relevant part, the trial court permitted defendant to maintain a fence...

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