Commercial Real Estate Easement Dispute Dismissed by Jackson Court

Our real estate litigation team, led by Brad A. Brelinski, recently defended a commercial property owner in Jackson, Michigan who was sued in the Jackson County Circuit Court under various legal theories. Basically, the plaintiff, a neighboring property owner and apartment developer, alleged that an access easement benefited multiple, contiguous properties owned by the same plaintiff. We argued that the easement only benefited one, small parcel of land, not the entire area of over 75 acres; and that the plaintiff was trying to improperly expand the easement (or overburdening the easement). Our attorneys defended the action, filed a counterclaim against the neighboring property developer, and obtained a dismissal of plaintiff's claims by summary judgment (without a trial). Plaintiff appealed and the Michigan Court of Appeals affirmed the ruling in our client's favor.