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STATE HIGHWAY COMMR. v. WALMA

Calendar No. 83, Docket No. 49,792.

369 Mich. 687 (1963)

120 N.W.2d 833

STATE HIGHWAY COMMISSIONER v. WALMA.

Supreme Court of Michigan.

Decided April 5, 1963.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, Louis J. Caruso and Robert, J. Taube, Assistant Attorneys General, Roger D. Anderson, Special Assistant Attorney General, for plaintiff.

Rhoades & Garlington (Dale W. Rhoades, of counsel), for defendants.

KAVANAGH, J.

The State highway commissioner appeals from a Kent county circuit court order setting aside a commissioners' award in a condemnation proceeding.

The trial judge granted defendants' petition for an order setting aside the commission determination and asking the impaneling of new commissioners to determine the damages as a result of the taking by the highway department.

The taking was a limited access taking at the corner of former US 16...

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