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Court says neighbor cannot sue over encroachment if he waited three years

In Mills v. Lerner, the Plaintiff sued to force a neighbor to honor the local set-back requirements and to move a shed that he built within the set-back more than three years ago.  He didn't seek money damages, only an injunction, and on that basis, he argued that the six-year statute of limitations should apply.

The trial judge summarily dismissed his lawsuit, and Mills appealed.   The Court of Appeals noted that the Michigan Supreme Court recently eliminated the "continuing wrongs" doctrine--meaning that the shed no longer constituted an actionable trespass after it violated the set-back for three years.  The Court then concluded that regardless of whether the plaintiff sought legal damages or equitable injunctive relief, the three-year statute of limitations would apply to render the suit too late.

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