McCardel v. Smolen

Plaintiffs, who own subdivision lots facing Higgins Lake, commenced this action to enjoin the defendants, who own interior lots in the subdivision, from using the beach and water.

A strip of land between the lake and the lots owned by plaintiffs and others ("front lots”) is designated on the plat 1 as Michigan Central Park Boulevard; "streets and allies [sic] as shown on” the plat were "dedicated to the use of the public”. The boulevard has not been developed or maintained as a roadway or "opened” to vehicular traffic; 2 it is covered with underbrush and trees except along the water’s edge…