Legal Opinion

First National Bank v. Michaels

Michigan Court of Appeals

Decided January 8, 1975No. Docket No. 18476PublishedCited by 4 opinions

1Opinion of the CourtR. L. Smith, J.

This is an action to vacate a plat. The trial court granted the relief prayed for and we reverse. The plaintiffs do not represent "2/3 of the proprietors collectively, of the platted land, who also own 2/3 by area of that land”. Thus, under the rule of Feldman v Monroe Township Board, 51 Mich App 752; 216 NW2d 628 (1974), lv den 391 Mich 837 (1974), the petitioners lack standing to maintain this action.

Speaking only for myself I wish to add a few words of explanation. I reluctantly vote to reverse because I am unable to convince my brothers that Feldman should be repudiated. While the Supreme…

2Cases cited6 opinions

  1. Malooly v. York Heating & Ventilating Corp.Michigan Supreme Court · 1935
  2. In Re Petition of BryantMichigan Supreme Court · 1949
  3. Feldman v. Monroe Township BoardMichigan Court of Appeals · 1974
  4. In Re Petition of HawkinsMichigan Supreme Court · 1928
  5. In Re Hendricks to Vacate StreetMichigan Supreme Court · 1929

1 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Tomecek v. BavasMichigan Court of Appeals · 2007
  2. Gondek v. NealMichigan Court of Appeals · 1976
  3. In Re Vacation of Plat of Mollie Britton EstateMichigan Court of Appeals · 1975
  4. Tomecek v. BavasMichigan Court of Appeals · 2007

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