Lucas & Company, LLC

Cooley II – The Cooley Series



Cooley II – The Cooley Series – 1.5 Contact Hours
This is the second of three cases and one paper (“Cooley’s Dictum”) that we will study in what we are calling our Cooley Series, which, of course, refers to Justice Thomas M. Cooley. First appointed to the Michigan Supreme Court in 1864, Cooley served as Justice and then Chief Justice for 20 years. Cooley is not only revered in land surveying circles, and probably best known for what many surveyors refer to as “Cooley’s Dictum” (actually entitled “The Judicial Functions of Surveyors”), he is also recognized by the Michigan Bar Association as having “established the most distinguished record of any individual ever associated with Michigan Jurisprudence.” This month’s case is perhaps the most quoted of Cooley’s decisions relative to land surveying and boundaries. It is the 1878 case of Diehl v. Zanger. Cooley actually gives the concurring opinion, but it his concurrence that is most often quoted on surveying and boundary law. This case is a study of a boundary dispute and the boundary establishment doctrine of acquiescence. This is a 2-Page Letter covering 1 Court Opinion consisting of 4 pages. This 6-Page document has a 10-Question examination based on the text of the newsletter and the case-in-chief.

OBJECTIVES: To enhance professional competency and improve practitioner’s knowledge of the law as it relates to the practice of land surveying.