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FORSTER v. CITY OF PONTIAC

Docket No. 18102.

56 Mich. App. 415 (1974)

224 N.W.2d 325

FORSTER v. CITY OF PONTIAC

Michigan Court of Appeals.

Decided November 7, 1974.

Attorney(s) appearing for the Case

John T. Rogers, P.C., for plaintiffs.

Thomas E. Hunter, Deputy City Attorney, for the City of Pontiac.

Campbell, Lee, Kurzman & Leitman, for North Oakland Development Corporation.

Before McGREGOR, P.J., and R.B. BURNS and O'HARA, JJ.

McGREGOR, P.J.

On July 17, 1973, the trial court rendered a judgment in this case invalidating a resolution of the Pontiac City Commission which ordered the vacation of an alley running behind plaintiffs' business premises. The trial court's judgment was based on a finding that the resolution was constitutionally infirm because it deprived plaintiffs of a substantial property right without due process of law or just compensation. Defendant city appeals as of right...

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