In re Gondek

In In re Gondek, 69 Mich App 73; 244 NW2d 361 (1976), the Court construed the Subdivision Control Act of 1967, which preceded the instant act and which also did not set forth the burden of proof for an objection to a petition for vacation of part of a recorded plat. In attempting to determine what the applicable burden of proof should be, this Court noted that a prior version of the act, known as the Plat Act of 1929, had stated: "The court shall proceed to alter or vacate, correct or revise, the plat or part thereof, unless there is reasonable objection to making the alteration or vacation, correction or revision, in which case the court shall not proceed to alter or vacate, correct or revise the plat, or part thereof unless it is deemed necessary for the health, welfare, comfort or safety of the public." Former MCLA 560.62; MSA 26.492 Gondek, supra at 74. The Court reasoned that "it is more appropriate to perpetuate prior law that has not been expressly rejected by the Legislature than it is to fashion a new doctrine out of thin air." Id. at 77. The Court held that the "reasonable objection" standard should continue to be applied to challenges to petitions seeking vacation of part of a recorded plat. Id.