Brandon Township v. Tomkow

Defendants Alan Tomkow and Leo Tomkow appeal as of right from a grant of summary disposition quieting title in plaintiff, Brandon Township. The Township cross-appeals from the judge’s ruling that MCL 211.131e; MSA 7.190(3) is constitutional, naming both the Tomkows and the Michigan Department of Natural Resources (dnr) as cross-appellees. We affirm the judge’s decision to quiet title in Brandon Township on the basis that the notice requirement of the statute violates due process and is unconstitutional.

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The facts and history of this case are complicated. The property involved borders Lake…