Cheboygan County Road Commission and Township of Burt v. R Triple et. al.
Jan 19, 2001OUTCOME: The trial court ruled that the Defendants owned the property where the dock was erected, and it was not part of the road. Thus, it was wrongfully removed. The Court of Appeals affirmed.
A dock serving a bar/restaurant on Burt Lake in Northern Michigan was located on the extreme south side of a 66 foot wide parcel of property, most of which consisted of a public road by user to the edg ... e of the lake. Using the wording of a township zoning ordinance which proscribed docks being located at the lake edge of public roads, the supervisor removed the entire dock early one morning and stored it in a township facility. After negotiations with the Defendants, the Township filed suit with my former client at the time, the local road commission. http://www.michbar.org/file/opinions/appeals/2001/011901/9137.pdf
