Order Michigan Supreme Court
Lansing, Michigan
June 5, 2013 Robert P. Young, Jr.,
Chief Justice
146436 Michael F. Cavanagh
Stephen J. Markman
Mary Beth Kelly
Brian K. Zahra
Bridget M. McCormack
SALLY J. KRANZ, David F. Viviano,
Plaintiff-Appellant, Justices
and
BRETT STAMATS and AMY J. STAMATS,
Plaintiffs,
v SC: 146436
COA: 305198
Lenawee CC: 10-003817-CH
ROGER D. TERRILL and DARLENE
G. TERRILL,
Defendants-Appellees.
_________________________________________/
On order of the Court, the application for leave to appeal the September 20, 2012
judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in
lieu of granting leave to appeal, we VACATE those portions of the Court of Appeals and
Lenawee Circuit Court judgments holding that the defendants established a prescriptive
easement to construct and maintain a dock at the terminus of the easement, and to moor
boats to the dock. The affidavit of the plaintiff-appellant’s predecessor in interest averred
that from 1990 until 2003, when she and her husband sold Lot 1 to the plaintiff-appellant,
“any use of a dock or boat moorings on or at the easement was done with our permission
and consent.” We REMAND this case to the Lenawee Circuit Court for further
consideration in light of this affidavit and this Court’s decision in Fractional School Dist
No 9 in Waterford and Pontiac Twps, Oakland Cty v Beardslee, 248 Mich 112, 116
(1929) (holding that a period of permissive occupancy cannot be tacked onto a period of
hostile occupancy, to show adverse possession).
I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the
foregoing is a true and complete copy of the order entered at the direction of the Court.
June 5, 2013
p0515
Clerk