Wells v. Whinery

The instant case arises from a dispute between neighbors, both of whom own land and cottages in a resort area in Park Township, Ottawa County, Michigan. Plaintiff brought suit alleging that defendants were trespassing and otherwise encroaching upon plaintiff’s property interests and rights.

The facts, as adduced in the nonjury proceeding below, reveal that plaintiff and defendants both own land with cottages built thereon. Both cottages face south toward Lake Macatawa. Plaintiff’s cottage, which is situated at an elevated level, is located north of defendants’ property. Between plaintiff’s…