An attempt by the Mackinac County Road Commission to relinquish a roadway in the 1980s will finally result in the land being given up to property owners, but the road commission first has agreed to be sued as the most direct way to accomplish this goal. By being sued, the commission can quickly relinquish property it had originally intended to cede nearly three decades ago to settle a property dispute between two other parties.

The dispute regards property on Marley Street Extended near Mackinac Heights in Moran Township near St. Ignace. The road commission was petitioned in 1983 to relinquish 27 feet of the property, to which commissioners agreed, and used a process known as quit claiming to hand over the land.

Quit claiming was not the proper way for the road commission to give up a roadway, however, lawyers say now. Problems arose when property owner Tom Pfeiffelmann had his property surveyed in 1989 and the surveyor was not aware of the quit claim deed. The result was a lawsuit that claimed the property line should be set west 27 feet from where it is, meaning Mr. Pfeiffelmann would own a portion of his neighbor's property.

Dennis Bila, an attorney for the Fidelity National insurance company, explained state common law requires roads to be abandoned rather that quit claimed. Abandoning the road to Mr. Pfeiffelmann can be a long process, but a lawsuit could be used to return the land more quickly, Mr. Bila said. By suing the road commission, the claim owner can argue the land was intended to be granted by the vote the commission took in 1983. If the judge agrees, Mr. Bila explained, then the property can then be “quiet titled” to Mr. Pfeiffelmann, settling a part of the land dispute. The other points in contention are among the property owners and do not involve the road commission.

Fidelity National is covering the court costs, as it insured the property, Mr. Bila said, and the road commission would not have to hire attorneys if it agreed not to fight the lawsuit.

Mr. Bila appeared at the commission's meeting Tuesday, August 17, to notify them about his idea and ask permission to sue. Since the road commission has no use for the 27 feet and it was originally intended to be given up, commissioners said, the commission agreed to be sued.

Mr. Bila will appear at the Road Commission's meeting Tuesday, September 14, to discuss the lawsuit further.