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February 2020

On February 12, 2020, the Ottawa County Circuit Court issued a decision in the consolidated cases Duke, et al v Wittenbach, et al, Case No 19-5989-CH and Wittenbach v Duke, et al, Case No 19-5995-CH.  The Duke cases are interesting because at first glance they appear to arise out of the intersection of riparian rights and property owner

Introduction On January 28, 2020, the Michigan Court of Appeals issued a published opinion in Smith v Straughn, __  Mich App __; __ NW2d __ (2020) (Docket No. 345391), holding that a landowner can install a gate across an easement so long as the gate is not erected for the

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