CONSUMERS POWER CO. v. ALLEGAN STATE BANK

No. 33 October Term 1971, Docket No. 52,745.

388 Mich. 568 (1972)

202 N.W.2d 295

CONSUMERS POWER COMPANY v. ALLEGAN STATE BANK

Supreme Court of Michigan.

Decided November 29, 1972.


Attorney(s) appearing for the Case

Hoffman & Hoffman, for plaintiff.

John B. Nahan, for defendants.


ADAMS, J.

I agree with Justice T.G. KAVANAGH with regard to the issue of assemblage but am unable to agree with him that the holding by the Court of Appeals, that it was error for the probate court to permit the questioning of the commissioners, was erroneous.

Const 1963, art 10, § 2, provides:

"Private property shall not be taken for public use without just compensation therefor being first made or secured in a manner prescribed by law. Compensation...

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