STEVEN P RAND V JACKSON CO ROAD COMM
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STATE OF MICHIGAN
COURT OF APPEALS
STEVEN P. RAND and AMANDA B. RAND,
UNPUBLISHED
February 3, 2004
Plaintiffs-Appellees,
v
No. 242961
Jackson Circuit Court
LC No. 99-097100-CH
JACKSON COUNTY ROAD COMMISSION,
Defendant-Appellant.
Before: O’Connell, P.J., and Wilder and Murray, JJ.
MURRAY, J. (concurring)
I concur in the majority’s analysis and conclusion that the trial court did not follow the
appropriate law in deciding the issues below. I also believe that remand is necessary in light of
the rather low threshold of evidence required to overcome the rebuttable presumption that a road
became a public highway under the highway by user statute. Kent Co Rd Comm v Hunting, 170
Mich App 222, 231; 428 NW2d 353 (1988). However, I would additionally hold that, for
purposes of remand, there is no genuine issue as to any material fact that the road at issue is a
public highway under the highway by user statute, MCL 221.20. This holds true because in their
response to defendant’s motion for summary disposition, plaintiffs affirmatively indicated that
the road was a public one under the highway by user statute. It is well-settled that statements of
fact made by an attorney during judicial proceedings are binding on the client. Ann Arbor
Tenants Union v Ann Arbor YMCA, 229 Mich App 431, 440; 581 NW2d 794 (1998); Ferndale v
Ealand, 88 Mich App 107, 111; 276 NW2d 534, remanded on other grounds 406 Mich 963
(1979). In light of plaintiff’s admission that the facts presented established that the road became
a public highway under the requirements of the highway by user statute, I believe the only issue
to be resolved below is whether plaintiffs have produced sufficient evidence to overcome the
rebuttable presumption that this is a public road under the highway by user statute.
/s/ Christopher M. Murray
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