FENTON GRAVEL CO., INC. v. VILLAGE OF FENTON

Calendar No. 2, Docket No. 49,822.

371 Mich. 358 (1963)

123 N.W.2d 763

FENTON GRAVEL CO., INC., v. VILLAGE OF FENTON.

Supreme Court of Michigan.

Decided October 10, 1963.


Attorney(s) appearing for the Case

Sullivan, Elmer, Eames & Moody (William B. Elmer and David L. Nelson, of counsel), for plaintiffs.

Albert H. Callahan, for defendants.


SMITH, J.

Parties to the action.

Plaintiff, Fenton Gravel Company, operates a large sand and gravel pit in Livingston county, approximately 1/2 mile south of the village limits of Fenton which, itself, is at the southern edge of Genesee county. Other plaintiffs are Barkman and Construction Service, Inc., who operate motor carriers transporting sand, gravel, and similar commodities from the pit. Defendants are the village of Fenton and Harry Lemen, president...

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