Cass County Park Trustees v. Wendt

{concurring). Plaintiffs sued to abate a barbed wire fence defendant had constructed for the purpose of preventing public passage — and uses related to such passage — between a county highway and Cass county’s Eagle lake. 1 At the point of controversy such highway skirts Eagle lake for a considerable distance. Por a corresponding distance— at the same point — the highway separates defendant’s property from the lake. It seemingly is agreed (see Croucher v. Wooster, 271 Mich 337) that defendant holds legal title to the entire highway subject to the public right. On that basis defendant claimed…