LaFave v. Ionia County Road Commission Chairperson

498 Mich. 967

• Court: Michigan Supreme Court
• Decided: January 27, 2016
• Docket: 151417; Court of Appeals 315439
• Status: Published

Opinion

Pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we vacate that part of the Court of Appeals opinion applying the law of abandonment to the facts of this case. The Court of Appeals erred by finding that the facts on record are sufficient to demonstrate defendants Molly Kandle-Kost and James Kost intended to abandon their easement rights in Weberta Drive, particularly in fight of the failure of the trial court to make any findings on abandonment or the precise nature of defendants’ property right. We therefore remand this case to the Ionia Circuit Court for findings on the nature of any property right retained by defendants Molly Kandle-Kost and James Kost in Weberta Drive. Once that court has determined the nature of that right, it should determine whether an abandonment analysis is applicable and, if it is applicable, make any necessary findings regarding whether defendants intended to abandon their property rights in Weberta Drive. See Dep’t of Natural Resources v Carmody-Lahti Real Estate, Inc, 472 Mich 359, 385 (2005). In all other respects, leave to appeal is denied, because we are not persuaded that the remaining question presented should be reviewed by this Court. We do not retain jurisdiction.