CONSUMERS ENERGY v. Beard

699 N.W.2d 303 (2005)

CONSUMERS ENERGY

v.

BEARD.

No. 127419.

Supreme Court of Michigan.

July 14, 2005.

SC: 127419, COA: 246979.

On order of the Court, the application for leave to appeal the October 5, 2004 judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(G)(1), in lieu of granting leave to appeal, we VACATE that portion of the Court of Appeals judgment that affirms the Isabella Circuit Court's dismissal of plaintiff's claim of prescriptive easements based on plaintiff's use of the properties at issue since 1936, and we DIRECT the Isabella Circuit Court, in the course of its…