IN RE PETITION OF STATE HWY. COMM.

Docket No. 18295.

58 Mich. App. 405 (1975)

228 N.W.2d 856

In re PETITION OF STATE HIGHWAY COMMISSION. STATE HIGHWAY COMMISSION v. COUSINEAU GRAVEL INC.

Michigan Court of Appeals.

Decided February 11, 1975.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, Louis J. Caruso and Janis Meija, Assistants Attorney General, and James J. Kobza, Special Assistant Attorney General, for plaintiff.

Smith Bovill, P.C., for defendant.

Before: T.M. BURNS, P.J., and QUINN and O'HARA, JJ.


O'HARA, J.

On January 6, 1970, the State Highway Commission brought a petition pursuant to 1966 PA 295 to condemn the defendant's property in order to improve highway US-131. The property to be taken was 30 acres in fee of an 80-acre parcel. The land was being used by the defendant as a gravel pit. The case was tried before a jury on April 17, 1972. The State offered $34,000 for the land which was at least $60,000 below the value requested by the owner. On April 20...

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