Schumacher v. Department of Natural Resources

Plaintiff Matthew J. Schumacher appeals and defendant Department of Natural Resources cross-appeals a trial-court order granting plaintiff an easement by necessity over state land, but limiting it to nonmotorized transportation. We affirm in part, reverse in part and remand for a determination regarding the proper scope of the easement.

In 1896, the state acquired a square, nine-parcel block of land located in Midland County. The state also acquired a tenth parcel that was immediately south of the parcel in the southwest comer of the block. The other adjacent parcels immediately to the south…