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STATE HIGHWAY COMM'R v. GREEN

Docket No. 957.

5 Mich. App. 583 (1967)

147 N.W.2d 427

STATE HIGHWAY COMMISSIONER v. GREEN.

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, for plaintiff.

Donald K. Gillard (Richard E. Meden, of counsel), for defendants Green.

FITZGERALD, J.

In the widening and improvement of highway M-32 in 1963, it became necessary for appellant to take 3.1 acres of the Green's 120-acre farm. Of the 3.1 acres, 3 acres were already subject to a 1931 easement similar to those in State Highway Commissioner v. Flanders (Same v. English) (1966), 5 Mich.App. 572.

The taking brought the new right-of-way line 6 feet closer to appellee...

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