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Schmidt v. Eger

289 N.W.2d 851 (1980)

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Schmidt v. Eger

Michigan Court of Appeals

289 N.W.2d 851 (1980)

Facts

In 1968, Schmidt (plaintiff) leased two parcels of land to a company owned by Frank Eger (defendant). In 1969, Schmidt obtained and developed an adjacent lot that became part of Eger’s leasehold. Schmidt constructed a ditch on this lot that served as a drainage system for other land that Schmidt owned. In June 1973, Eger purchased the property he was leasing. In October 1973, Eger informed Schmidt of his plan to grade and level the ditch. Schmidt brought suit arguing that he had obtained an easement by implication for the ditch and seeking an injunction. Schmidt presented evidence that an alternative drainage system would take significant efforts and cost at least $30,000. The trial court ruled in favor of Eger. Schmidt appealed.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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