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STATE OF MICHIGAN
COURT OF APPEALS


MAGICIAN LAKE HOMEOWNERS ASSOCIATION, INC., Plaintiff-Appellant, v KEELER TOWNSHIP BOARD OF TRUSTEES, Defendant-Appellee.

UNPUBLISHED July 31, 2008

No. 278469 Van Buren Circuit Court LC No. 06-550506-CH

Before: Saad, C.J., and Fort Hood and Borrello, JJ. PER CURIAM. Plaintiff appeals as of right from a circuit court order granting summary disposition for defendant. We affirm. This appeal is being decided without oral argument pursuant to MCR 7.214(E). Magician Lake is located in Keeler Township. The Magician Lake Woods subdivision was established in 1945. Plaintiff is an association of homeowners who own back lots in the subdivision. The subdivision includes a platted park and walks that terminate in small beaches at the water's edge. The plat dedication states that "the streets, walks, courts, beaches and park in said plat are hereby dedicated to the use of the public. All lots in blocks 1 to 6, inclusive, and the land designated as park and beaches runs to the water's edge." A local ordinance requires township approval to maintain a dock but prohibits overnight (12:00 a.m. to sunrise) docking of boats. Keeler Township Ordinance No. 06-06-2006-01,

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Michigan Law