Lucas & Company, LLC

Cooley III – The Cooley Series



Cooley III – The Cooley Series – 1.5 Contact Hours
This is the third 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 the Flynn v. Glenny decision made in 1883. This case is another study of a boundary dispute and the boundary establishment doctrine of practical location and possible right-of-way encroachments. This is a relatively short opinion but may be the most powerful of the three opinions by Cooley that we cover. 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.