ASTEMBORSKI v. MANETTA

No. 352066.

988 N.W.2d 857 (2022)

341 Mich. App. 190

Leonard ASTEMBORSKI and Deborah Astemborski, Plaintiffs/Counterdefendants-Appellants/Cross-Appellees, v. Cheryl MANETTA and Melissa Scott, as Co-Trustees of the Lyle D. Scott Trust and the Yvonne Elaine Scott Trust, Jon E. Unruh, and Bonnie A. Unruh, Defendants/Counterplaintiffs-Appellees/Cross-Appellants.

Court of Appeals of Michigan.

Decided February 1, 2022.

Approved for publication March 17, 2022, at 9:10 a.m.


Attorney(s) appearing for the Case

Kuhn Rogers (by W. Dane Carey ) and Carey & Jaskowski PLLC, Grayling, (by Richard J. Jaskowski ) for plaintiffs.

Outside Legal Counsel PLC, Hemlock, (by Philip L. Ellison ) for defendants.

Before: Ronayne Krause, P.J., and Cameron and Rick, JJ.


Plaintiffs appeal a November 14, 2019 judgment of no cause of action that was entered by the trial court on the basis of the court's conclusion that defendants were not liable for trespass or nuisance because defendants held a prescriptive easement. Defendants cross-appeal the trial court's November 6, 2017 order, which granted plaintiffs...

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