ESCANABA & LAND SUPERIOR RAILROAD CO. v. KEWEENAW LAND ASSOCIATION

Docket No. 89848.

156 Mich. App. 804 (1986)

402 N.W.2d 505

ESCANABA & LAKE SUPERIOR RAILROAD COMPANY v. KEWEENAW LAND ASSOCIATION, LTD

Michigan Court of Appeals.

Decided December 16, 1986.


Attorney(s) appearing for the Case

Mason, Steinhardt & Jacobs, P.C. (by Walter B. Mason, Jr., Frederick D. Steinhardt, and Paul Owen Ashba), for Escanaba & Lake Superior Railroad Company.

Monaghan, Campbell, LoPrete, McDonald & Sogge (by Boris K. Yakima), and Clancey, Hansen, Chilman, Graybill & Greenlee, P.C. (by Ronald E. Greenlee III), for M.A. Hanna Mining Company.

Jacobs, McDonald & Silc, P.C. (by David E. McDonald, Sr.), for Keweenaw Land Association, Ltd.

Before: ALLEN, P.J., and CYNAR and R.C. LIVO, JJ.


ALLEN, P.J.

Is a property owner, whose land is unsuccessfully sought to be condemned by a third party under the Uniform Condemnation Procedures Act,1 entitled to reimbursement of attorney fees and expenses pursuant to § 16 of that act, MCL 213.66; MSA 8.265(16), where the condemnation action was dismissed because of the legal insufficiency of the proceedings but the court had not expressly found "the proposed acquisition improper...

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