Legal Question in Real Estate Law in Michigan
State court rulings
In a # of adverse possession actions
on platted roads within a plat,
including the sole legal access to a
plat, the Circuit Court found in favor
of the plaintiffs in their claims of
''adverse possession''. Twice the
Court denied motions to intervene by
''interested parties''. The decisions
were upheld by Mi.`s higher courts,
this despite the lower courts failure
to require/allow necessary parties. ,
yet in 9 actions, the the court failed
to require that necessary ''interested
parties'' be included i.e (residents in
the plat, utilities, and those with
ingress & egress rights), Each of
whom have been affected by such
decisions. All of these decisions were
''unpublished'' When state courts
repeatedly and clearly ignore their
own statutes, when rendering and
upholding decisions, what is the legal
remedy ? Is it a civil rights matter ?
Is it a constitutional issue ? For
Federal Court (denial of due process )
The result of the Mi. Courts failure to
properly dispose of these matters, is
that the platt residents, currently do
not have legal access to their homes,
and a # of their lake accesses have
been blocked. Or does the
Court`s pattern of behavior fall
under Rico Laws ?
1 Answer from Attorneys
Re: State court rulings
You don't say whether this went to the state supreme court, but no, I don't see how this would fall under RICO. I would suggest consulting with a constitutional law attorney, especially one familiar with takings.
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