COA 368823 JANE SHERZER CISSELL TRUST V ROBERT BENNETT Opinion - Per Curiam - Unpublished 4/17/2026

If this opinion indicates that it is “FOR PUBLICATION,” it is subject to
revision until final publication in the Michigan Appeals Reports.
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S T A T E O F M I C H I G A N
C O U R T O F A P P E A L S
JANE CISSELL as trustee of the JANE SHERZER
CISSELL TRUST,
Plaintiff/Counterdefendant-Appellant,
UNPUBLISHED
April 17, 2026
11:07 AM
V No. 368823
Livingston Circuit Court
ROBERT BENNETT, LC No. 2020-030887-CZ
Defendant/Counterplaintiff-Appellee.
JANE SHERZER CISSELL,
Plaintiff/Counterdefendant-Appellant,
V No. 368824
Livingston Circuit Court
LORIE ANN BENNETT, LC No. 2023-031889-CZ
Defendant/Counterplaintiff-Appellee.
Before: TREBILCOCK, P.J., and BOONSTRA and LETICA, JJ.
TREBILCOCK, P.J. (concurring).
I concur with the majority that the trial court improperly relied on the 1907 and 1954 deeds
and committed clear error by finding that the center line of the driveway served as the agreed-upon
boundary line between the properties. I respectfully part ways, however, with the majority’s
conclusion that the Bennetts’ acquiescence claim failed entirely.
Unlike my colleagues, I believe a preponderance of the evidence demonstrates that the
parties’ immediate predecessors—Jack Sherzer and Gerald Baumgras—mutually understood, for
more than 15 years, that an old ash tree served as the properties’ boundary line, such that the
alleged encroachments fell entirely on Baumgras’s property. As such, Baumgras acquired title to
that portion of the disputed property under the doctrine of acquiescence. I would therefore remand

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to the trial court for a determination of the exact acquiesced-to boundary line based on the location
of the old ash tree.
/s/ Christopher M. Trebilcock

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