Opinion
No. 134665.
May 2, 2008.
Reported below: 276 Mich App 252.
Leave to Appeal Granted May 2, 2008:
The parties shall include among the issues to be briefed: (1) whether an action under the Land Division Act, MCL 560.101 et seq., can be used to burden existing, substantive property rights; (2) whether this Court should recognize an easement by necessity for utilities; and (3) whether an easement by necessity may be recognized when purchasers had notice of a restrictive covenant barring any such easement in the absence of certain conditions.
Persons or groups interested in the determination of the issues presented in this case may move the Court for permission to file briefs amicus curiae.