This is the second part of a summary judgment motion brought by the Township of Coleman seeking to dismiss remaining claims by the Chitaroni plaintiffs.
The court previously ruled that a disputed road ("Road A") was not a public road.
In this part, the Township sought to dismiss claims for damages based on public misfeasance/malfeasance and declarations that Road A was an access or common road.
The court dismissed the Township's motion regarding the misfeasance claim and the access road claim, allowing them to proceed to trial.
However, the claim that Road A was a common road was dismissed.
The court also provided directions for the plaintiffs to particularize certain allegations for trial.
