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STATE OF MICHIGAN
COURT OF APPEALS


KRITZMAN DEVELOPMENT, Plaintiff-CounterdefendantAppellant, v WALDEN PROPERTIES, LLC, Defendant-CounterplaintiffAppellee, and LAWRENCE HOLT and LINDA CHASE, Defendants-Appellees.

UNPUBLISHED May 6, 2008

No. 274147 Alpena Circuit Court LC No. 05-000610-CH

Before: Saad, C.J., and Murphy and Donofrio, JJ. PER CURIAM. Plaintiff Kritzman Development (Kritzman) appeals by leave granted the trial court's order denying its motion for summary disposition and dismissing Kritzman's complaint, which sought injunctive relief. We reverse and remand for entry of judgment in favor of Kritzman on its complaint. I. Basic Facts and Procedural History Defendant Walden Properties, LLC (Walden), was the fee simple owner of a large parcel of land in Alpena County that it wished to develop as a single-family residential subdivision.1

1

Apparently, Walden sold the property to defendants Holt and Chase after leave was granted by this Court. Pursuant to a subsequent order of this Court, Holt and Chase were joined with Walden as defendants-appellees in this appeal. Kritzman Dev v Walden Properties, LLC, unpublished order of the Court of Appeals, entered October 19, 2007 (Docket No. 274147). Holt and Chase later submitted a joint appellate brief. -1-


Kritzman sued Walden to enjoin it from developing the land, alleging that the development would interfere with Kritzman's rights to use the land for hunting and other recreational activity pursuant to an easement coupled with a profit

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