Boundary dispute; Motion to disqualify a judge; Waiver for failure to submit an affidavit along with the motion to disqualify; Davis v Chatman; Adverse possession & acquiescence; Failure to state the basis for a claim; Yee v Shiawassee Cnty Bd of Comm’rs

The court held that the trial court did not err by not recusing itself, and its judgment in this boundary dispute case was not contrary to the facts and the law. Plaintiffs sued defendants, their next-door neighbors, alleging encroachment and infliction of emotional distress in connection with defendant-Lisa’s “erection of a wooden fence over plaintiffs’ property, and her allegedly threatening, coercive, and harassing behavior related to the parties’ disputed property line.” Defendants counterclaimed, claiming adverse possession and acquiescence. Plaintiffs sought disqualification of the trial judge, but their motion was denied. The trial court ruled in favor of defendants on the basis of acquiescence and entered a verdict of no cause of action on plaintiffs’ claims. On appeal, the court rejected plaintiffs’ argument that the trial court erred by denying their motion for disqualification. “It is undisputed plaintiffs failed to submit an affidavit along with their motion for disqualification. The failure to submit an affidavit constitutes a waiver of the issue.” And plaintiffs’ arguments on appeal failed to explain why this issue should not be waived. Thus, it was waived and the court declined to consider it. The court also rejected their claim that the trial court erred in resolving the parties’ property dispute. “Plaintiffs’ arguments on appeal conflate the requirements of acquiescence and adverse possession and they offer no substantive analysis explaining why the trial court erred in awarding title under a theory of acquiescence.” The court declined to consider their “argument given plaintiffs’ failure to explain their opposition to the trial court’s ruling.” Affirmed.