Mason v. City of Menominee

I concur with my colleagues that in this dispute over a 60-foot strip of municipal land adjoining plaintiffs’ property, plaintiffs are entitled to quiet title on the basis of the doctrine of acquiescence because the record shows by a preponderance of the evidence that both parties treated the fence installed by defendant as the property line for the requisite 15-year period. Walters v Snyder, 239 Mich App 453, 457-458; 608 NW2d 97 (2000) (Walters II); MCL 600.5801(4). I write separately, however, to express my concern that in actions involving a dispute over municipal land, the Legislature…