Legal Opinion

City of St. Ignace v. McFarlane

Michigan Court of Appeals

Decided February 22, 1973No. Docket 12865PublishedCited by 10 opinions

1Opinion of the CourtFitzgerald, J.

Defendants appeal from a judgment awarded to plaintiff City of St. Ignace granting injunctive relief by a restraining order prohibiting defendants from encroaching upon or obstructing a roadway called Glashaw Lane. The trial court determined that the public use of a portion of defendants’ land for a period of ten years preceding the filing of suit satisfied the highway-by-user statute. We agree.

The City of St. Ignace was granted by deed a 20-foot way entitled Glashaw Lane on May 14, 1959. Defendants, Owen and Elda McFarlane, obtained title to land north of and adjacent to Glashaw Lane from…

2Cases cited5 opinions

  1. Alton v. MeeuwenbergMichigan Supreme Court · 1896
  2. Indian Club v. Lake County Road CommissionersMichigan Supreme Court · 1963
  3. Grand Rapids Asphalt Paving Co. v. City of WyomingMichigan Court of Appeals · 1971
  4. Delta Township v. EydeMichigan Court of Appeals · 1972
  5. Platt v. Ingham County Road CommissionMichigan Court of Appeals · 1972

3Cited by10 opinions

  1. Gross v. General Motors Corp.Michigan Supreme Court · 1995
  2. Owendale-Gagetown School District v. State Board of EducationMichigan Supreme Court · 1982
  3. Beasley v. Grand Trunk Western RailroadMichigan Court of Appeals · 1979
  4. Rigoni v. Michigan Power Co.Michigan Court of Appeals · 1984
  5. Boone v. Antrim County Board of Road CommissionersMichigan Court of Appeals · 1989

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