Village of Kalkaska v. Shell Oil Co.

This case is before us on remand by the Supreme Court to reconsider our holding in Village of Kalkaska v Shell Oil Co, 157 Mich App 227; 403 NW2d 474 (1986), in light of its recently released decision in Eyde Bros Development Co v Eaton Co Drain Comm’r, 427 Mich 271; 398 NW2d 297 (1986), reh den 428 Mich 1206 (1987). 428 Mich 894 (1987).

In Village of Kalkaska, the precise question before us was whether a municipality has ownership rights in the oil, minerals, and gases located beneath platted streets, roads, and alleyways which have been dedicated for public use pursuant to statute. In…