Preview:

STATE OF MICHIGAN COURT OF APPEALS

YAZAN'S SERVICE PLAZA LLC and YAZAN A. MUSLEH, Plaintiffs-Appellants, v CITY OF HAMTRAMCK, Defendant-Appellee.

UNPUBLISHED December 20, 2011

No. 300237 Wayne Circuit Court LC No. 08-118368-CH

Before: SHAPIRO, P.J., and WHITBECK and GLEICHER, JJ. PER CURIAM. Plaintiff Yazan Musleh, sole shareholder of Yazan's Service Plaza LLC, purchased property from the City of Hamtramck to develop a gas and service station along with a retail strip mall (the "service plaza"). Despite the obvious demarcation of a county "right-of-way" on a March 12, 2002 survey and the clearly irregular shape of the parcel on visual inspection, Musleh claims that he was unaware of Wayne County's interest in the property until he began construction on the service plaza. The trial court properly dismissed Musleh's breach of contract and promissory estoppel claims against the City because Musleh purchased the property subject to any easements. Contrary to Musleh's argument, the County did not own the right-of-way in fee and there is no indication that the City transferred property belonging to another entity. I. BACKGROUND The subject land is described as Lots 1 - 37 of the Hudson-Weber Land Company's Subdivision and abuts Conant Avenue at the intersection of Holbrook Avenue in the City of Hamtramck. In 1935, the private owners of Lots 1 - 37 transferred their ownership interests to the City. In 1943, the city adopted a resolution approving the Wayne County Road Commission's designation of Conant Avenue as a county road.1 The County apparently exercised jurisdiction over Lots 1 - 37 at that time; however, the County and City resolutions are silent regarding that fact. The County used a portion of Lots 1 - 37 to reroute Conant Avenue,

Pursuant to 1931 PA 130,

Download YAZAN'S SERVICE PLAZA LLC V CITY OF HAMTRAMCK.pdf

Michigan Law