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DELTA TOWNSHIP v. EYDE

Docket No. 11113.

40 Mich. App. 485 (1972)

198 N.W.2d 918

DELTA TOWNSHIP v. EYDE

Michigan Court of Appeals.

Decided May 11, 1972.

Attorney(s) appearing for the Case

Glassen, Parr, Rhead & McLean, for plaintiff.

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, and Charles D. Hackney, Assistant Attorney General, for the State of Michigan, intervening plaintiff.

Sinas, Dramis, Brake & Turner, P.C., for defendants.

Before: DANHOF, P.J., and BRONSON and TARGONSKI, JJ.

Leave to appeal granted, 388 Mich. 756.

DANHOF, P.J.

The Township of Delta brought this action under MCLA 213.21 et seq; MSA 8.11 et seq, seeking to condemn an easement across the defendants' property for the purpose of laying a sewer line. The trial court directed a verdict on the question of the necessity of the project but allowed the question of the necessity of the route chosen and the amount of compensation to go to the jury. The plaintiff...

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