LOIS HARRIMAN V STEVEN MICIC
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STATE OF MICHIGAN
COURT OF APPEALS
LOIS HARRIMAN,
UNPUBLISHED
July 23, 1996
Plaintiff/Counter
Defendant-Appellee,
v
No. 180422
LC No. 93-018697-CH
STEVEN MICIC and HERMAINE J. MICIC,
Defendants/CounterPlaintiffs-Appellants.
Before: Hoekstra, P.J., and Michael J. Kelly and J.M. Graves, Jr.,* JJ.
MEMORANDUM.
Defendants appeal as of right an order of the Lapeer Circuit Court granting summary disposition
in favor of plaintiff pursuant to MCR 2.116(A). We affirm.
In this case the parties disputed whether an easement for ingress and egress included the right to
run utility lines to the dominant estate over the easement. Keller v Paulos Land Co, 381 Mich 355;
161 NW2d 569 (1968) recognizes that under certain circumstances an easement for ingress and egress
can be ambiguous and subject to interpretation by a court. We agree with the well-reasoned opinion of
the trial court that under the circumstances presented here the easement was ambiguous and was
actually intended to provide for placement of utility lines, as well as access to the property.
Affirmed.
/s/ Joel P. Hoekstra
/s/ Michael J. Kelly
/s/ James M. Graves, Jr.
* Circuit judge, sitting on the Court of Appeals by assignment.
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