Bieker v. Suttons Bay Township Supervisor

Plaintiff, Ruth A. Bieker, brought this action for a writ of mandamus to compel defendant, the supervisor of Suttons Bay Township in Leelanau County, to comply with the provisions of the opening of private roads and temporary highways act, MCL 229.1 et seq.) MSA 9.281 et seq. The trial court dismissed plaintiff’s complaint under MCR 2.116(C)(8) because this Court had declared the act unconstitutional in White Pine Hunting Club v Schalkofski, 65 Mich App 147; 237 NW2d 223 (1975). Plaintiff appeals as of right. We reverse.

Plaintiff’s land is surrounded by private property owned by others. On…