SOLOMON KATZ V RONALD J SPAULDING

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STATE OF MICHIGAN COURT OF APPEALS SOLOMON KATZ, UNPUBLISHED July 9, 2002 Plaintiff-Appellant, v RONALD J. SPAULDING and ANTOINETTE E. SPAULDING, No. 231318 Wayne Circuit Court LC No. 99-927179-CH Defendants-Appellees. Before: Whitbeck, C.J., and O’Connell and Meter, JJ. O’CONNELL, J. (dissenting). I respectfully dissent. Indeed, I concur with the learned trial court, who was in the best position to assess the record evidence, that material, genuine issues for the trier of fact regarding plaintiff’s claim of a prescriptive easement did not exist to warrant trial. Accordingly, I would affirm. /s/ Peter D. O’Connell -1-

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