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STATE HIGHWAY COMM'R v. FLANDERS

Docket Nos. 956, 959.

5 Mich. App. 572 (1967)

147 N.W.2d 441

STATE HIGHWAY COMMISSIONER v. FLANDERS. SAME v. ENGLISH.

Michigan Court of Appeals.

Decided January 10, 1967.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, Louis J. Caruso, Assistant Attorney General, and Thomas D. Stone, Special Assistant Attorney General, on behalf of the State Highway Commission.

Isackson & Beaudry (Robert W. Beaudry, of counsel), for defendants Flanders.

Donald K. Gillard (Richard E. Meden, of counsel), for defendant English.

FITZGERALD, J.

1. In order to widen and improve highway M-32 in Alpena county, it became necessary for the State highway commission to take a portion of the Flanders' 113-acre farm.

The actual taking on December 9, 1963, involved 1.2 acres of frontage and 25 feet of the front of appellees' house. Under a prior right-of-way release agreement signed in 1931, the State had already purchased an easement involving...

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