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STATE HIGHWAY COMM'N v. TWP. OF ST. JOSEPH

Docket No. 6,725.

21 Mich. App. 592 (1970)

175 N.W.2d 898

STATE HIGHWAY COMMISSION v. TOWNSHIP OF ST. JOSEPH

Michigan Court of Appeals.

Decided February 5, 1970.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, Louis J. Caruso, Assistant Attorney General, and Henry W. Gleiss, Special Assistant Attorney General, for plaintiff.

Hartwig, Crow & Jones, for defendant St. Joseph Township.

Before: R.B. BURNS, P.J., and HOLBROOK and LEVIN, JJ.

HOLBROOK, J.

This case originated as an eminent domain proceeding brought by the Michigan State Highway Commission against different lot owners in a subdivision in St. Joseph township pursuant to MCLA 1969 Cum Supp § 213.361 (Stat Ann 1969 Cum Supp § 8.261[1]).

The evidence revealed that the particular area in question had been dedicated by the owners of the plat to the township of St. Joseph as a recreational area. A motion for review of necessity...

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