WOLVERINE SIGN WORKS v. STATE HIGHWAY COMM.

Docket No. 17688.

53 Mich. App. 244 (1974)

218 N.W.2d 863

WOLVERINE SIGN WORKS v. STATE HIGHWAY COMMISSION

Michigan Court of Appeals.

Decided May 2, 1974.


Attorney(s) appearing for the Case

Warner, Norcross & Judd (by John H. Logie), for plaintiffs.

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, and Louis J. Caruso and Dennis L. Strawderman, Assistants Attorney General, for defendant.

Before: McGREGOR, P.J., and R.B. BURNS and R.L. SMITH, JJ.


R.L. SMITH, J.

The circuit court granted appellee's motion for a summary judgment holding that the Highway Commission had no authority by virtue of 1925 PA 352, § 1(h); MCLA 213.171(h); MSA 8.171(h) to acquire restrictive covenants prohibiting the erection or maintenance of signboards within 300 feet of the right-of-way line of the highway.

It had been the practice of the Highway Commission from 1925 until some time in the early 1960's whenever the Highway...

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