DEBORAH HUTCHINSON V CHEBOYGAN COUNTY ROAD COMMISSION
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STATE OF MICHIGAN
COURT OF APPEALS
DEBORAH HUTCHINSON,
UNPUBLISHED
December 20, 2002
Plaintiff-Appellant,
v
No. 232851
Cheboygan Circuit Court
LC No. 99-006630-CH
CHEBOYGAN COUNTY ROAD
COMMISSION,
Defendant-Appellee.
Before: Hood, P.J., and Whitbeck, C.J. and O’Connell, JJ.
O’CONNELL, J. (concurring in part and dissenting in part).
I concur with parts one, two, and three of the majority opinion. However, since the trial
court did not make any findings of fact or conclusions of law in regards to the easement of
flowage, I would remand this issue back to the trial court for further proceedings. While I
concur with the majority’s conclusion that we review factual findings for clear error and examine
de novo questions of law, I believe as a condition precedent, the trial court is first required to
make factual findings and conclusions of law. This record is devoid of any factual findings or
conclusions of law concerning the easement of flowage.
I would affirm the trial court’s highway-by-user decision and remand the balance of the
case to the trial court to determine if the City of Cheboygan has abandon the easement of
flowage.
/s/ Peter D. O’Connell
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