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TAXPAYERS & CITIZENS IN PUB. INTEREST v. HIGHWAYS DEPT.

Docket No. 23011.

70 Mich. App. 385 (1976)

245 N.W.2d 761

TAXPAYERS & CITIZENS IN THE PUBLIC INTEREST v. DEPARTMENT OF STATE HIGHWAYS

Michigan Court of Appeals.

Decided August 3, 1976.

Attorney(s) appearing for the Case

Olson, Dettmer & Bowerman, for plaintiff.

Running, Wise & Wilson, for defendant Northern Michigan Inns, Inc.

Amici Curiae:

Freihofer, Hecht, Oosterhouse & DeBoer, P.C. (by Peter W. Steketee), for West Michigan Environmental Action Council, Inc., and the Environmental Law Society.

Before: R.B. BURNS, P.J., and M.J. KELLY and S.S. HUGHES, JJ.

R.B. BURNS, P.J.

Plaintiff, a citizen "environmentalist" organization, sued in equity to rescind the sale of "excess land" by defendant highway department to defendant Northern Michigan Inns. Defendants prevailed on the merits via summary judgment. Northern Michigan Inns then filed a motion for taxation of costs and for leave to pay and tax more than the ordinary fees for expert testimony (totaling $3,640.18). Plaintiff appeals the

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