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McCARDEL v. SMOLEN

Docket No. 59186, (Calendar No. 13).

404 Mich. 89 (1978)

273 N.W.2d 3

McCARDEL v. SMOLEN

Supreme Court of Michigan.

Decided December 27, 1978.

Attorney(s) appearing for the Case

Fortino, Plaxton & Moskal for plaintiffs.

Miller, Canfield, Paddock & Stone (by James W. Williams) for defendants.

Amicus Curiae:

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, and Russell E. Prins and Jerome Maslowski, Assistants Attorney General, for the state.

LEVIN, J.

Plaintiffs, who own subdivision lots facing Higgins Lake, commenced this action to enjoin the defendants, who own interior lots in the subdivision, from using the beach and water.

A strip of land between the lake and the lots owned by plaintiffs and others ("front lots") is designated on the plat1 as Michigan Central Park Boulevard; "streets and allies [sic] as shown on...

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