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Kratze v. Independent Order of Oddfellows, Garden City Lodge No. 11

442 Mich. 136 (1993)

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Kratze v. Independent Order of Oddfellows, Garden City Lodge No. 11

Michigan Supreme Court
442 Mich. 136 (1993)

JL

Facts

The Independent Order of Oddfellows, Garden City Lodge No. 11 (Oddfellows) (defendant) purchased certain property in 1948. At the time of purchase, the property already had a building foundation on it. In 1985, Kratze (plaintiff) entered into an option agreement for the purchase of the adjoining land. Kratze had two surveys done. The first survey showed the building on the Oddfellows property coming directly up to the edge of the property to be purchased by Kratze. The second survey actually showed that the building encroached by about 1.2 feet onto that property. Kratze was developing plans and seeking to construct a 62-unit apartment building. Even after learning of the encroachment, Kratze exercised the option right and purchased the property. Kratze then sued Oddfellows, seeking monetary damages and an injunction requiring the removal of the encroachment. After a bench trial, the trial court agreed with Kratze and assessed nearly $180 million in damages. The trial court also ordered Oddfellows to remove the encroachment. Oddfellows appealed.

Rule of Law

Issue

Holding and Reasoning (Boyle, J.)

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