Order Michigan Supreme Court
Lansing, Michigan
January 27, 2010 Marilyn Kelly,
Chief Justice
139617 & (77) Michael F. Cavanagh
Elizabeth A. Weaver
Maura D. Corrigan
Robert P. Young, Jr.
Stephen J. Markman
2000 BAUM FAMILY TRUST, BAUM FAMILY Diane M. Hathaway,
TRUST, JOSEPH BEAUDOIN, SANDRA Justices
BEAUDOIN, ADELE MEGDALL REVOCABLE
TRUST, PAUL NOWAK & JOAN NOWAK
TRUST, MARILYN ORMSBEE, MARK
SCHWARTZ, WENDY SCHWARTZ, and
THOMAS THOMASON,
Plaintiffs/Counter
Defendants-Appellants,
v SC: 139617
COA: 284547
Charlevoix CC: 07-061121-CH
WILLIAM BABEL, JUDY BABEL, JAMES
CAHILL, GLORIA CAHILL, DANIEL
ENGSTROM, PENNY ENGSTROM, ARTHUR
A. RANGER TRUST, PATRICIA L. RANGER
TRUST, and CHARLEVOIX COUNTY ROAD
COMMISSION,
Defendants/Counter
Plaintiffs-Appellees,
and
AL GOOCH, ELIZABETH GOOCH, JESSE
HALSTEAD, and LINDA HALSTEAD,
Intervening Defendants/
Counter Plaintiffs-
Appellees,
and
CHARLEVOIX TOWNSHIP,
Defendant-Appellee.
_________________________________________/
On order of the Court, the application for leave to appeal the June 23, 2009
judgment of the Court of Appeals is considered, and it is GRANTED. The parties are to
2
discuss (1) whether the fee title resulting from the dedication of land for public uses in a
plat under the 1887 Plat Act in land that runs along the shore of a lake conveys the
riparian rights to the lake to the County or whether the conveyance is limited to public
uses of the road as a road; and (2) whether the deeds of the front tier lot owners have to
have specific language granting riparian rights; and whether case law that states that front
tier lots adjacent to a road running along a water way have riparian rights unless such
rights are expressly excluded is still valid.
The motion to file brief amicus curiae is GRANTED. The Michigan Association
of Counties is invited to file a brief amicus curiae. Other persons or groups interested in
the determination of the issues presented in this case may move the Court for permission
to file briefs amicus curiae.
I, Corbin R. Davis, 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.
January 27, 2010 _________________________________________
s0120 Clerk