D'Andrea v. AT&T Michigan

Plaintiffs appeal the trial court’s order that granted summary disposition to defendant, AT&T Michigan. For the reasons set forth in this opinion, we reverse and remand for further proceedings consistent with this opinion.

I. FACTS

Plaintiffs contend that AT&T’s installation of new and additional utility equipment on an easement on their property, a private residence in the city of Grosse Pointe Farms, constitutes a continuing trespass. The lot on which plaintiffs reside is part of a platted subdivision that was recorded in 1948. The plat shows a dedication of a six-foot “Easement for Public…