TREASURY DEP'T v. RECORDER'S COURT JUDGE

Docket Nos. 78-4876, 78-4957.

89 Mich. App. 650 (1979)

281 N.W.2d 134

DEPARTMENT OF TREASURY v. RECORDER'S COURT JUDGE CITY OF DETROIT v. RECORDER'S COURT JUDGE

Michigan Court of Appeals.

Decided March 27, 1979.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, E. David Brockman and Susan A. Harris, Assistants Attorney General, for plaintiff Treasury Department.

Roger E. Craig, Corporation Counsel, William Dietrich, Assistant Corporation Counsel, and John H. Dise, Jr., Principal Attorney, for plaintiff City of Detroit.

Alphonso R. Harper, for defendant Recorder's Court Judge.

William B. Hill (David L. Krusell, of counsel), for intervening defendant.

Before: J.H. GILLIS, P.J., and BASHARA and D.C. RILEY, JJ.


PER CURIAM.

Plaintiffs filed complaint's for superintending control on November 21, 1978, and November 27, 1978, respectively. The issue presented is whether a Recorder's Court judge can order property returned to a criminal defendant upon determination that the property was illegally seized, where the Michigan Department of Treasury has previously issued a jeopardy assessment on the property.

The facts are as...

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