Three Lakes Ass'n v. Kessler

Plaintiff, a nonprofit corporation composed mainly of riparian land owners, brought the underlying suit to enjoin the defendants, new residents on 47 residential lots in White Sands Estates subdivision, Antrim County, from having access to Torch Lake through a 42-foot-wide strip of land.

In an action tried in 1976, the trial court held, contrary to plaintiff’s argument, that beneficial use of the access strip could be vested in the subdivision lot owners and also that the plaintiff had failed to sustain its burden of proving an alleged common plan of development which made the defendants’ use…