Legal Opinion

Miller v. Department of State Highways

Michigan Court of Appeals

Decided January 22, 1971No. Docket 8949PublishedCited by 9 opinions

1Opinion of the CourtFitzgerald, P. J.

The present appeal arises out of an ejectment action commenced in March of 1967 against the Department of State Highways alleging a claim of superior title and possessory rights to a certain portion of land used by defendant in the construction of a state highway known as M-37.

In order to comply with the requirements of GOP 1963, 754.2, plaintiffs amended their complaint to set forth their claim of title to the disputed area by adverse possession; In answer, defendant alleged superior title based upon dedication of the land for highway construction. The matter was tried without a jury on…

2Cases cited12 opinions

  1. Baker v. JohnstonMichigan Supreme Court · 1870
  2. Kirchen v. RemengaMichigan Supreme Court · 1939
  3. White v. SmithMichigan Supreme Court · 1877
  4. Olsen v. Village of Grand BeachMichigan Supreme Court · 1937
  5. WEST MICHIGAN PARK ASSN. v. Department of ConservationMichigan Court of Appeals · 1966

7 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Williams v. Department of State HighwaysMichigan Court of Appeals · 1972
  2. Barry v. Flint Fire DepartmentMichigan Court of Appeals · 1973
  3. Tait v. RossMichigan Court of Appeals · 1971
  4. ATTORNEY GENERAL Ex Rel DEPARTMENT OF NATURAL RESOURCES v. CHEBOYGAN COUNTY BOARD OF COUNTY ROAD COMMISSIONERSMichigan Court of Appeals · 1996
  5. Behrens v. ApessosMichigan Court of Appeals · 1972

4 more not listed; retrieve them via the Exa API.

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