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BROOKSHIRE-BIG TREE ASS'N. v. ONEIDA TP.

Docket No. 190488.

570 N.W.2d 294 (1997)

225 Mich. App. 196

BROOKSHIRE-BIG TREE ASSOCIATION, Plaintiff/Counterdefendant/Third-Party Defendant-Appellee, v. ONEIDA TOWNSHIP, Defendant-Appellee, and Four M'S Partnership, Defendant/Counterplaintiff/Third-Party Plaintiff-Appellant, and Ronald Flitton, Joanne Flitton, John Matthews, Shirley Matthews, William Alexander, Patricia Alexander, Donald Tomanica, Carla Tomanica, Manley Dayton, Richard Cote, Anita Cote, Devin Koski, Kathleen Koski, Frederick Kebler, Jackie Kebler and Eaton County Drain Commission, Third-Party Defendants-Appellees, and Michigan State Treasurer, Eaton County Road Commission, Robert Soltow, Consumers Power Company, Gregory Penix, Diane Penix, Richard Fishell, Ameritech and City of Grand Ledge, Third-Party Defendants.

Court of Appeals of Michigan.

Decided August 22, 1997, at 9:05 a.m.

Released for Publication November 6, 1997.

Attorney(s) appearing for the Case

Reid and Reid by John R. Fifarek, Lansing, for Brookshire-Big Tree Association, Ronald and JoAnne Flitton, John and Shirley Matthews, William and Patricia Alexander, Donald and Carla Tomanica, Manley Dayton, Richard and Anita Cote, Devin and Kathleen Koski, and Fredrick and Jackie Kebler.

Glassen, Rhead, McLean, Campbell & Bergamini by Neil A. McLean, Grand Ledge, for Oneida Tp.

Abood, Abood & Rheaume, P.C. by William E. Rheaume, Lansing, for Four M's Partnership.

Before FITZGERALD, P.J., and MacKENZIE and TAYLOR, JJ.

PER CURIAM.

In this case involving the Subdivision Control Act, M.C.L. § 560.101 et seq.; M.S.A. § 26.430(101) et seq., Four M's Partnership (hereafter defendant) appeals as of right the order of the circuit court granting summary disposition in favor of plaintiff. We affirm.

The facts of this case are uncontested. Brookshire Estates is a small subdivision abutting Saginaw Highway in Oneida Township. The thirty lots comprising the subdivision...

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