There is no pending or resolved civil action arising out of the same transaction or occurrence alleged in this complaint.

NOW COME Plaintiffs, [Redacted] and [Redacted], by and through their attorneys, MAIZY LAW PLLC and CASTMORE LAW, PLLC, and for their Complaint state as follows:

PARITES, JURISDICTION, AND VENUE

1. Plaintiffs, [Redacted] ('Arquette") and [Redacted] Capalungan, are individuals and the owners of real property located in the County of Oakland, State of Michigan, commonly known as [redacted] (the "Property").

2. Defendant [Redacted] ("Association") is a Michigan nonprofit homeowners association which, upon information and belief, owns real property adjacent to the Property.

3. Venue is proper in this Court as Defendant conducts business in Oakland County, Michigan.

4. This matter is brought pursuant to MCL 600.2932 and MCL 561.7.

5. Venue is further appropriate in this Court pursuant to MCL 600.1605.

   COMMON ALLEGATIONS

6. Plaintiffs incorporate by reference paragraphs 1 through 5 as though the same have been fully set forth herein.

7. The legal description of the Property is as follows:

   Part of West 1⁄2 of the Southeast 1⁄4 of Section 2, Town 4 North, Range 9 East, Independence Township, Oakland County, Michigan, beginning at point distant North 33 feet and [redacted] ; thence South 00 degrees 30 minutes 00 seconds West 59.94feet; thence along the curve to the left, radius 295.61 feet, chord bears [redacted], a distance of 104.51 feet; thence South 68 degrees 02 minutes 30 seconds West 104.38 feet; thence South 56 degrees 36 minutes 00 seconds West 110 feet; thence North 17 degrees 12 minutes 34 seconds West 204.25 feet to the beginning.

8. Plaintiff is the owner of the Property by way of a Warranty Deed dated [redacted], recorded in Liber [], Page [], Oakland County Records.

9. Upon information and belief, Defendant [Redacted] owns real property directly adjacent to Plaintiffs' Property.

10. Upon information and belief, Defendant [Redacted] had a survey completed, and is operating under the belief that it owns property that Plaintiffs have possessed and maintained since purchasing the Property.

11. Upon information and belief, Defendant [Redacted] mailed a letter to Plaintiffs, and potentially other neighbors, advising that it has come to the Association's attention after inspecting the boundary lines that several items, which may or may not belong to Plaintiffs, have been stored or erected upon its community property, and that, in upcoming months, the Association would work to clear out these items and clean up its community property.

12. Relevant to Plaintiffs is a strip of land which includes a shed as well as a fence they built in [redact].

13. Recently, the Association has begun cutting trees down in the disputed area, which is now impacting Plaintiffs' enjoyment of the Property in addition to its value.

14. Plaintiffs have been in continuing possession of the disputed property since purchasing the Property in [redact]. Their possession has been actual, visible, open, notorious, exclusive, continuous, and uninterrupted. Plaintiffs have,

15. It is unclear as of the date of this Complaint the extent to which Defendant [Redacted] believes it owns real property that has been in Plaintiffs' possession for the last [redact] years. It appears that Defendant's clearing project has only just begun, and it is unknown by Plaintiffs at this point how far Defendant's [Redacted] claim its land extends to.

    COUNT I - DECLARATORY RELIEF

16. Plaintiffs incorporate by reference paragraphs 1 through 15 as though the same have been fully set forth herein.

17. An actual and justiciable controversy exists between the parties.

18. The location of the parties' dispute and the real property at the heart of the dispute are within this Court's jurisdiction.

19. Declaratory relief in this case will avoid a multiplicity of actions at law.

20. Plaintiffs require an adjudication of the issues in this case to determine the extent to which Defendant [Redacted] claims it owns real property that Plaintiff has maintained for approximately [redact] years.

21. The parties must agree, or the Court must order a surveyor to examine the disputed property to determine the extent of the real property in question and to provide the parties with a legal description of said real property.

22. Until a judicial determination is made regarding the real property in dispute, Defendant [Redacted] must be enjoined from any further development of the disputed property.

    COUNT II - QUIET TITLE (ADVERSE POSSESSION)

23. Plaintiffs incorporate by reference paragraphs 1 through 22 as though the same have been fully set forth herein.

24. Plaintiffs have owned the Property since 1995.

25. Upon information and belief, Defendant [Redacted] acquired its interest in the adjacent real property in or around [redact].

26. Since acquiring the Property, Plaintiffs have possessed a strip of land on the boundary line of Plaintiffs' and Defendants' properties. Plaintiffs erected a fence and shed in this real property in [redact].

27. Plaintiffs' possession of the disputed property has been actual, visible, open, notorious, exclusive, continuous, and uninterrupted since [redact].

28. Plaintiffs request that the Court enter a judgment in their favor declaring that they are the lawful owners of the disputed property and award any other relief that the Court deems warranted.

Plaintiffs respectfully request that this Honorable Court enter a judgment in their favor declaring that they are the lawful owners of the disputed property, once said disputed property has been determined, and award any other relief that the Court deems warranted.