[DOWNLOAD] "Louis Markstrom and Shirley Markstrom V." by Supreme Court of Michigan # Book PDF Kindle ePub Free

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eBook details

• Title: Louis Markstrom and Shirley Markstrom V.
• Author : Supreme Court of Michigan
• Release Date : January 02, 1991
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 61 KB

Description

Order On order of the Court, the application for leave to appeal is considered and, pursuant to MCR 7.302(F)(1), in lieu of granting leave to appeal, we REVERSE the judgment of the Court of Appeals and REMAND this case to the Mackinac Circuit Court for further proceedings. Under the circumstances of this case, the verdict of the jury and the judgment resulting from a trebling of the verdict were supported by the evidence and were not erroneous. Schankin v Buskirk, 354 Mich 490, 494; 93 NW2d 293 (1958). However, the testimony confirms the willingness of the plaintiffs to allow the defendant to enter their land and remove the encroaching rock pile, even if such entry and removal requires clearing a path to the foot of the pile. On remand, the Mackinac Circuit Court shall order reinstatement of the judgment. If, however, the defendant notifies the Mackinac Circuit Court within 21 days of this order that it prefers removal of the rock pile rather than payment of the judgment, the court shall not order reinstatement of the judgment, but instead shall order the defendant to restore the land to its original condition under such terms and conditions as are reasonable. We do not retain jurisdiction.

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