Comstock v. Wheelock

This is an appeal granted by this Court upon application for delayed appeal by plaintiffs from a grant of summary judgment in favor of defendants because plaintiffs failed to state a cause of action in their complaint.

On July 21, 1972 plaintiffs filed a complaint which alleged that defendants had constructed a boathouse on property owned by defendants on Long Lake which had been used by plaintiffs and the general public for swimming, boating, fishing and snowmobiling and generally for access to Long Lake for a period in excess of 70 years. From the description it appears that the lot is…