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MATTER OF PETITION OF THE MICHIGAN STATE HWY. COM. CONDEMNATION

Docket No. 6,691.

23 Mich. App. 334 (1970)

178 N.W.2d 666

IN THE MATTER OF A PETITION OF THE MICHIGAN STATE HIGHWAY COMMISSION FOR CONDEMNATION

Michigan Court of Appeals.

Leave to appeal denied November 24, 1970.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, Louis J. Caruso, Assistant Attorney General, and Bruce S. King, Special Assistant Attorney General, for Michigan State Highway Commission.

Sinas, Dramis, Brake & Turner (Lester N. Turner, of counsel), for Alco Universal, Inc.

Before: LESINSKI, C.J., and McGREGOR and V.J. BRENNAN, JJ.

Leave to appeal denied November 24, 1970. 384 Mich. 780.

McGREGOR, J.

This Court is asked whether it is consonant with Act 295, Public Acts of 1966, and the Michigan Constitution for the State Highway Commission to delegate its authority to condemn private property, together with the right to make a determination of necessity, to the state highway director.

In September, 1968, a petition was filed for the condemnation of private property. Pleadings...

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