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FRANDORSON PROPERTIES v. NORTHWESTERN MUT. LIFE

No. G89-50665 CA.

744 F.Supp. 154 (1990)

FRANDORSON PROPERTIES, a Michigan Limited Partnership, and Sport Services, Inc., a Michigan Corporation, Plaintiffs and Counter-Defendants, v. NORTHWESTERN MUTUAL LIFE INSURANCE COMPANY, a Wisconsin Corporation, and Samuel Zell, Trustee of Illinois Land Trust No. 2308, Defendants and Counter-Plaintiffs.

United States District Court, W.D. Michigan, S.D.

May 2, 1990.

Attorney(s) appearing for the Case

C. Mark Hoover, Fraser, Trebilcock, Davis & Foster, Lansing, Mich., for Frandorson.

Michael J. Otis, Abood, Abood & Rheamme, Lansing, Mich., for Sport Services.

Robert J. Jonker, Warner, Norcross & Judd, Grand Rapids, Mich., for Northwestern Mut. Life Ins. Co.

OPINION OF THE COURT

ROBERT HOLMES BELL, District Judge.

This action presents a dispute between the owners of two adjoining parcels of property. The dispute concerns the use of an access route which traces the border between the two parcels, but which lies exclusively on defendants' parcel. Defendants want to alter the access route, though both property owners have freely used it for over 30 years. Based on this longstanding, continuous use, plaintiffs ask...

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