Rozmarek v. Plamondon

This is an adverse possession case. We face two issues: whether the plaintiffs’ possession of the disputed property was sufficiently open and notorious, and whether the plaintiffs’ claim of adverse possession is defeated by the fact that a portion of the disputed property clearly remained under the control of the defendants’ predecessor in title during the years in question.

I

In 1946, the plaintiffs purchased lot 20 of Engel-mann’s Addition to the City of Manistee. This case concerns the adjacent lot 21. Lots 21 and 22 were owned by the Olson family, which operated a lumber company not far…