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MARLETTE AUTO WASH v. VAN DYKE SC PROP.

Docket No. 153979 Calendar No. 2.

912 N.W.2d 161 (2018)

501 Mich. 192

MARLETTE AUTO WASH, LLC, Plaintiff-Appellant, v. VAN DYKE SC PROPERTIES, LLC, Defendant-Appellee.

Supreme Court of Michigan.

Decided March 19, 2018.

Attorney(s) appearing for the Case

Warner Norcross & Judd LLP (by Gaëtan Gerville-Réache) for plaintiff.

Bursch Law PLLC (by John J. Bursch) and Kelly Law Firm (by David A. Keyes) for defendant.

Couzens, Lansky, Fealk, Ellis, Roeder & Lazar, PC (by Ronn S. Nadis and Sarah Heisler Gidley) Amici Curiae, for the Real Property Law Section of the State Bar of Michigan.

Foster, Swift, Collins & Smith, PC (by Richard C. Kraus) Amici Curiae, for the Michigan Bankers Association and the Michigan Credit Union League.

BEFORE THE ENTIRE BENCH (except Clement, J.)

OPINION

In this case, plaintiff claims a prescriptive easement for ingress and egress over defendant's property on the basis of plaintiff's open, notorious, adverse, and continuous use of that property for at least 15 years. The question presented here is whether such use creates a prescriptive easement that is appurtenant,...

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