This case involved a dispute over title to a 7.63 acre parcel of land located in Bacon County. The parcel was originally part of a 95-acre parcel owned by H.S. Carter that was taken by Bacon County via eminent domain proceedings commenced in 1973. As a result of the condemnation proceedings, Bacon County acquired over 2500 acres for creating a public recreation project known as Lake Alma and the Carter parcel was just one of the parcels condemned for that purpose. The proposed Lake Alma was part … [Read more...]

Plaintiff filed suit alleging that he was entitled to use the Fortymile Trail for access to his state mining claims. Plaintiff sought a declaration that he was entitled to a right-of-way to access his state mining claims on the Fortymile Trail both under a federal statute commonly referred to as R.S. 2477 and because he has an easement by implication or necessity, and that the real property interests claimed by the non-federal defendants were subject to this right-of-way. The district court … [Read more...]

Shelby Land Partners, LLC and Alabaster Land Company, LLC each own a 50% undivided interest in a parcel of undeveloped real property located within the municipal limits of the City of Alabaster. At the request of Shelby Land, the property was initially zoned as a "community business district," permitting only commercial uses. In 2009, Shelby Land petitioned the City to rezone the land to permit multifamily residential use in order to pursue the development of a low-income apartment complex for … [Read more...]

John Ter Beek filed an action against the City of Wyoming, seeking to have a city zoning ordinance declared void and an injunction entered prohibiting its enforcement. Ter Beek was a qualifying patient and held a registry identification card under the Michigan Medical Marijuana Act (MMMA). He wanted to grow and use marijuana for medical purposes in his home and argued that section 4(a) of the MMMA, MCL 333.26424(a), preempted the ordinance. Both parties moved for summary judgment. Ter Beek … [Read more...]