Maghielse v. Crawford County Road Commission

The sole issue raised in this appeal is whether or not Sand Hill Road, located in Frederick Township, Crawford County, is a public highway. The trial court, after hearing the evidence and viewing the road, held that Sand Hill Road was a public highway, and therefore refused to issue the permanent injunction prohibiting defendant from trespassing as requested by plaintiffs. From this judgment dismissing their complaint, plaintiffs appeal.

The trial court found that the road in question runs northerly across plaintiffs’ property as it follows along the western bank of the AuSable River. The road…