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STATE HWY. COMMISSIONER v. McCARTHY

Docket No. 6,789.

26 Mich. App. 500 (1970)

182 N.W.2d 747

STATE HIGHWAY COMMISSIONER v. McCARTHY

Michigan Court of Appeals.

Decided September 29, 1970.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, Louis J. Caruso, Assistant Attorney General, and Peter G. Seward, Special Assistant Attorney General, for the plaintiff.

Carras & Carras, for defendants.

Before: HOLBROOK, P.J., and BRONSON and E.W. BROWN, JJ.

HOLBROOK, P.J.

The State Highway Commissioner, plaintiff, on June 10, 1966, filed a petition for condemnation of land owned by defendants, Kenneth McCarthy and Vivian McCarthy, husband and wife, and other lands in Bay County, for the construction of highway I-75.1 Defendants' land, the subject of the taking and this appeal, comprised 10.7 acres in fee, of which 1.4 acres was subject to an existing right-of-way easement. The estates to...

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