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STATE HIGHWAY COMM'N v. VANDERKLOOT

No. 6 October Term 1973, Docket No. 54,427.

392 Mich. 159 (1974)

220 N.W.2d 416

STATE HIGHWAY COMMISSION v. VANDERKLOOT

Supreme Court of Michigan.

Decided August 2, 1974.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, and Louis J. Caruso, Stanley D. Steinborn, and Janis Meija, Assistants Attorney General, for plaintiff.

Surridge, Vanderkloot, Afton, Young & Reid, for defendants.

WILLIAMS, J.

This case involves two substantial constitutional questions. The first relates to highway condemnation and the second to environmental law.

The first constitutional question concerns the highway condemnation act, MCLA 213.361 et seq.; MSA 8.261(1) et seq., and is whether the standard "necessity" is a sufficiently precise legislative delegation.

The second constitutional question is whether the highway condemnation act is...

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