Maniaci v. Diroff (Opinion on Application)
Annotate this CasePursuant to a June 18, 2015 consent judgment, the defendants conveyed an easement across Parcel B for ingress and egress access to and from the Tittabawassee River to plaintiff Jeffrey Maniaci, and others. The consent judgment specified that the easement “may also be used for the temporary mooring and launching of watercraft, including by boat trailer, but may not be used for non-temporary mooring, docks, and/or wharfs.” The two issues the Michigan Supreme Court was asked to resolve involved he scope of that easement: (1) whether the easement include backing a boat trailer all the way to the water's edge; and (2) was in necessary to regrade the shoreline to allow such access by boat trailer? The Court answered both affirmatively: "we have little trouble concluding that the unambiguous terms of the easement provide an express right to back a boat trailer to the water’s edge. The consent judgment defines the easement as extending from the end of Vonda Road to the water’s edge and states that the easement may be used for the 'launching of watercraft, including by boat trailer . . . .'" Similarly, the Court had "little difficulty" concluding plaintiff's request to regrade the shoreline of Parcel B was "necessary to the reasonable and proper enjoyment of the easement." The Court reversed the Court of Appeals, vacated that portion of the circuit court's order denying plaintiff's request to adjust the grade of Parcel B, and remanded for further proceedings.
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