Legal Opinion · Concurring in part, dissenting in part
City of Kentwood v. Sommerdyke Estate
Michigan Supreme Court
Decided July 31, 1998No. 109646, Calendar No. 7Published
1Concurring in part, dissenting in partTaylor, J.
I agree with the majority that a highway created by user pursuant to MCL 221.20; MSA 9.21 is presumptively four-rods (sixty-six feet) wide. However, I disagree with the majority’s analysis of the issue in terms of implied dedication. I believe the more apt analysis recognizes that the highway-by-user statute is simply a legislative modification of the common law of prescriptive easement. However, I also disagree with the majority’s treatment of Eager v State Hwy Comm’r, 376 Mich 148; 136 NW2d 16 (1965). I do not think that Eager can be harmonized with today’s holding. Therefore, I would…
2Cases cited21 opinions
- Nollan v. California Coastal CommissionSupreme Court of the United States · 1987
- United States v. Carolene Products Co.Supreme Court of the United States · 1938
- Cheek v. United StatesSupreme Court of the United States · 1991
- Norton v. Shelby CountySupreme Court of the United States · 1886
- Texaco, Inc. v. ShortSupreme Court of the United States · 1982
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