Donaldson v. Alcona County Board of County Road Commissioners

I respectfully dissent. I agree with the majority that plaintiffs possess standing and that the circuit court erred in ruling otherwise. However, I would hold that evidence that defendant road commission continuously plowed and periodically graded the road for approximately forty years presents a genuine issue of material fact whether the road became a public highway under Michigan’s highway by user statute, MCL 221.20; MSA 9.21. I would reverse and remand for further proceedings.

I

The circuit court erred in ruling that plaintiffs lack standing to pursue this matter. I would adopt and follow…