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No. 121037
| Robert
Little and Barbara Little, |
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Ronald
E. Reynolds (248) 851-3434 |
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Plaintiffs-Appellants,
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| vs (Appeal
from Ct of Appeals) |
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(Oakland
-- Gilbert, A.)
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| Steven Kin, Rosalyn Kin,et al, |
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William H. Horton (248) 457-7000 |
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Defendants-Appellees.
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Click to view briefs in Adobe format:
Plaintiffs-Appellants' Brief
on Appeal>>
Defendants-Appellees' Brief on Appeal>>
Michigan Lake and Stream Associations Inc.
Amicus Curiae Brief>>
Background
The property at issue is located on Pine Lake in West Bloomfield
Township and is divided into six lots, with two being front lots on
the lake and the remaining four being back lots. The deed provides for
an easement up the mid-lien of the property to a section of shoreline
66' wide and 30' deep; the easement is "for access to and use of
the riparian rights to Pine Lake." Robert and Barbara Little own
one of the two front lots, which they purchased in 1976. Steven and
Rosalyn Kin own the lot immediately behind the Littles' lot, and Thomas
and Darlene Trivan own the second lot behind the Littles' property.
The Littles sued in 1998 in Oakland County Circuit Court; they sought
an order preventing the Kins and the Trivans from constructing a dock
on the lakefront. The Littles alleged that the township restricted docks
and similar use to lakefront property owners. The township ordinance
required ownership of a minimum of 110' of lakefront property to place
a boat and dock on Pine Lake. Oakland County Circuit Judge Alice Gilbert
held that an easement purporting to give riparian rights only gave access
to and use of the lake for swimming, fishing, bathing, wading, boating,
and similar activities. The judge stated that the easement did "not
include the right to construct fixtures, including, but not necessarily
limited to, docks, and/or boat hoists." That right belonged exclusively
to the riparian owners, the judge concluded. The Court of Appeals reversed
in a published opinion. The panel stated that the trial court erred
in holding that non-riparian lot owners may not maintain a dock on another's
riparian land as a matter of law. The plaintiffs appeal.
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