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Supreme Court Holds Platted Road Running Parallel to Lake Does Not Divest Riparian Rights From Front Lot OwnersThe Michigan Supreme Court, in a close 4-3 decision, reversed the Michigan Court of Appeals and found in favor of front lot owners claiming riparian rights in a case involving a public road running parallel to the lake between the lake and the front lots. The road at issue in the case entitled 2000 Baum Family Trust et al v Babel ran along Lake Charlevoix, and had been maintained since its dedication in 1911 under the 1887 Plat Act. Many lots near Michigan’s 11,000 inland lakes were platted during this period and, like the Baum lot, are separated from the water by a public road running parallel to the shoreline. In the Baum case, the front lot owners had historically used the waterfront property across the road for boat dockage and other riparian uses. When back lot owners began using the waterfront in a similar manner, the Baums filed an action against the Charlevoix County Road Commission and back lot owners claiming trespass. In response, the Road Commission sued the front lot owners for trespass claiming that the riparian rights belonged to the Road Commission because the front lot owners only owned to the center of the road, and because the plat dedication under the 1887 Plat Act transferred a “fee” interest. In addition, the Road Commission noted that the local taxing authority assessed the front lot properties as “water view” lots and not as “water front” properties. |
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Attorney General Issues Opinion on Michigan Medical Marihuana ActIn Opinion No. 7259, issued June 28, 2011, the Attorney General concluded that the joint cultivation, storing and sharing of medical marihuana is prohibited by the Michigan Medical Marihuana Act, Initiated Law 1 of 2008, MCL 333.26421 et seq. (“Medical Marihuana Act”). |
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General Authority for Inter-Local CooperationIn Governor Synder’s first special message to the Legislature several months ago, he asked the Legislature to focus on legislation addressing consolidation and service sharing for local units of government, and discussed his vision for an incentive program that would encourage municipalities to pursue best practices in these areas. As foreshadowed in our May 2011 newsletter, many opportunities for inter-local cooperation between local units of government are already available under current Michigan law. |
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This newsleter is provided as an informational courtesy and should not be acted upon without professional advice.