Beach v. Township of LimaAnnotate this Case
The dispute in this case stemmed from a disagreement between Plaintiff Florence Beach and Defendant Lima Township over property rights to an area of land that were shown as streets on the recorded township plat. The land was originally recorded in 1835, and through a series of conveyances, was acquired and held by the Beach family ever since. In 2004, the Township purchased several blocks to build a fire department substation and intended to use the platted streets. Plaintiff disputed the Township's right to use the streets and filed an action to quiet title to them based on adverse possession. The circuit court denied the Township's motion after an evidentiary hearing. The court found that 100-year-old trees were growing in the middle of the "streets," and that the Beach family had adversely possessed them by farming as well as maintaining private trials and fences. On appeal to the Supreme Court, the Township argued that Plaintiff was required to file a claim under the state Land Division Act (LDA) instead of bringing a quiet title action when the property in dispute is on a recorded plat. The Court found that the LDA only applied to cases when a party's interest arose from the platting process. Accordingly, the Court affirmed the trial court's findings that Plaintiff had adversely possessed the platted streets.