Michigan Supreme Court hears the case against Marlette Auto Wash
The Michigan Supreme Court heard the case of Marlette Auto Wash vs. Van Dyke SC Properties on Nov. 8.
The Court of Appeals held that the circuit court erred in granting Marlette Auto Wash a prescriptive easement because the plaintiff failed to establish privity of estate between it and the car wash’s prior owner.
The original case revolved around Marlette Auto Wash claiming it had a prescriptive easement created by the open, notorious, adverse and continuous use of the parking lot property for at least 15 years by the previous owners of the car wash, which allowed its customers to continue using the Van Dyke shopping center parking lot for egress and ingress to the car wash. The plaintiff argued that its prescriptive easement claim was supported by the fact that the owner of Van Dyke Properties built the car wash and, at that time, began using the parking lot as an entrance.
Michigan Supreme Court case number 153979
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